SC0010 96TH GENERAL ASSEMBLY

LRB096 03412 RLC 13436 e

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0010

Introduced 2/3/2009, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

ILCON Art. VI, Sec. 3

Proposes to amend the Judiciary Article of the Illinois Constitution to provide that if a Supreme Court Judge recuses himself or herself in a particular case or matter before the Court because of an actual or potential conflict of interest, then the Judge shall notify the Clerk of the Supreme Court in writing of the recusal and a Judge of the Appellate Court shall be selected to serve as an Interim Supreme Court Judge to hear that particular case or matter until it is resolved or otherwise disposed of by the Court. Also proposes that the Interim Supreme Court Judge shall be selected in a random manner from a pool of Appellate Judges as determined by Supreme Court Rule. Effective upon being declared adopted.

A BILL FOR

SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 3 of Article VI of the Illinois Constitution as follows:

ARTICLE VI

THE JUDICIARY

(ILCON Art. VI, Sec. 3)

SECTION 3. SUPREME COURT - ORGANIZATION

(a) The Supreme Court shall consist of seven Judges. Three shall be selected from the First Judicial District and one from each of the other Judicial Districts. Four Judges constitute a quorum and the concurrence of four is necessary for a decision. Supreme Court Judges shall select a Chief Justice from their number to serve for a term of three years.

(b) If a Supreme Court Judge recuses himself or herself in a particular case or matter before the Court because of an actual or potential conflict of interest, then the Judge shall notify the Clerk of the Supreme Court in writing of the recusal. A Judge of the Appellate Court shall then be selected to serve as an Interim Supreme Court Judge to hear that particular case or matter until it is resolved or otherwise disposed of by the Court. The Interim Supreme Court Judge shall be selected in a random manner from a pool of Appellate Judges as determined by Supreme Court Rule.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.