Full Text of HB4543 95th General Assembly
HB4543 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4543
Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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705 ILCS 35/2f-9 |
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705 ILCS 35/2k new |
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Amends the Circuit Courts Act. Creates an additional DeKalb County resident judgeship in the 16th judicial circuit (Kane, Kendall, and DeKalb counties), to be elected first in 2008. Authorizes the Illinois Supreme Court to fill the judgeship by appointment until then. Specifies that the judgeship is not a subcircuit judgeship. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
JUDICIAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4543 |
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LRB095 14398 AJO 40301 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Circuit Courts Act is amended by changing | 5 |
| Section 2f-9 and by adding Section 2k as follows: | 6 |
| (705 ILCS 35/2f-9) | 7 |
| Sec. 2f-9. 16th judicial circuit; subcircuits. | 8 |
| (a) The 16th circuit shall be divided into 5 subcircuits. | 9 |
| The
subcircuits shall be
compact, contiguous, and | 10 |
| substantially equal in population. The General
Assembly by law | 11 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 13 |
| numerical order for the 5 subcircuits. That
numerical order | 14 |
| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. Once a resident judgeship is | 16 |
| assigned to a subcircuit, it
shall continue to be assigned to | 17 |
| that subcircuit for all purposes.
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| (b) Of the 16th circuit's 16 existing circuit judgeships | 19 |
| existing on April 7, 2005 (7 at large and
9 resident), but not | 20 |
| including the one resident judgeship added by this amendatory | 21 |
| Act of the 95th General Assembly, 5 of the 9 resident | 22 |
| judgeships shall be allotted as 16th circuit resident | 23 |
| judgeships under
subsection (c) as (i) the first resident |
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HB4543 |
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LRB095 14398 AJO 40301 b |
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| judgeship of DeKalb County, (ii) the first resident judgeship | 2 |
| of Kendall County, and (iii) the first 2 resident judgeships
of | 3 |
| Kane County are or become vacant on or after the effective date | 4 |
| of this amendatory Act of the 93rd General Assembly, and (iv) | 5 |
| the first resident judgeship of Kane County (in addition to the | 6 |
| 2 vacancies under item (iii)) is or becomes vacant after the | 7 |
| effective date of this amendatory Act of the 94th General | 8 |
| Assembly. These 5 resident subcircuit judgeships and the | 9 |
| remaining 4 resident judgeships shall constitute all of the | 10 |
| resident judgeships of the 16th circuit. As used in this | 11 |
| subsection, a vacancy does not include the
expiration of a term | 12 |
| of a resident judge who seeks
retention in that office at the | 13 |
| next term.
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| (c) The Supreme Court shall allot the first eligible DeKalb | 15 |
| County vacancy, the first Kendall County vacancy, and the first | 16 |
| 3 Kane County vacancies in resident judgeships of the 16th | 17 |
| circuit as provided in subsection (b),
for election from the
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| various
subcircuits. The judgeships shall be assigned to the | 19 |
| subcircuits based upon the numerical order of the 5 | 20 |
| subcircuits. No resident judge of the 16th circuit serving on
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| the effective date of this amendatory Act of the 93rd General | 22 |
| Assembly shall be
required to change his or her residency in | 23 |
| order to continue serving in office
or
to seek retention in | 24 |
| office as judgeships are allotted by the
Supreme Court in | 25 |
| accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall |
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HB4543 |
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LRB095 14398 AJO 40301 b |
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| continue to reside in
that
subcircuit as long as he or she | 2 |
| holds that office.
A resident judge elected from a subcircuit | 3 |
| after January 1, 2008, must retain residency as a registered | 4 |
| voter in the subcircuit to run for retention from the circuit | 5 |
| at large thereafter.
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| (e) Vacancies in resident judgeships of the 16th circuit | 7 |
| shall be
filled
in the manner provided in Article VI of the | 8 |
| Illinois Constitution.
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| (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) | 10 |
| (705 ILCS 35/2k new) | 11 |
| Sec. 2k. Additional 16th circuit resident judge. In | 12 |
| addition to the number of circuit judges otherwise authorized | 13 |
| by this Act, there shall be one additional judge elected in the | 14 |
| 16th judicial circuit who shall be a resident of and elected | 15 |
| from DeKalb County. The additional resident circuit judgeship | 16 |
| created by this Section may be filled by appointment by the | 17 |
| Illinois Supreme Court until the judgeship is filled by | 18 |
| election beginning at the 2008 general election. The judgeship | 19 |
| provided by this Section shall not be a subcircuit judgeship.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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