Full Text of SB1938 96th General Assembly
SB1938ham001 96TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/19/2009
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| AMENDMENT TO SENATE BILL 1938
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| AMENDMENT NO. ______. Amend Senate Bill 1938 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Circuit Courts Act is amended by changing | 5 |
| Sections 2, 2f-1, 2f-2, 2f-4, 2f-6, and 2f-9 and by adding | 6 |
| Sections 2k, 2m, 2n, 2p, and 2q as follows:
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| (705 ILCS 35/2) (from Ch. 37, par. 72.2)
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| Sec. 2. Circuit judges shall be elected at the general | 9 |
| elections and
for terms as provided in Article VI of the | 10 |
| Illinois Constitution.
Ninety-four circuit judges shall be | 11 |
| elected in the Circuit of Cook
County and 3 circuit
judges | 12 |
| shall be elected in each of the other
circuits, but in circuits | 13 |
| other than Cook County containing a population
of 230,000 or | 14 |
| more inhabitants and in which there is included a county
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| containing a population of 200,000 or more inhabitants, or in | 16 |
| circuits
other than Cook County containing a population of |
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| 270,000 or more
inhabitants, according to the last preceding | 2 |
| federal census and in the
circuit where the seat of State | 3 |
| government is situated at the time fixed
by law for the | 4 |
| nomination of judges of the Circuit Court in such circuit
and | 5 |
| in any circuit which meets the requirements set out in Section | 6 |
| 2a of
this Act, 4 circuit judges shall be elected in the manner | 7 |
| provided by
law. In circuits other than Cook County in which | 8 |
| each county in the
circuit has a population of 475,000 or more, | 9 |
| 4 circuit judges shall be
elected in addition to the 4 circuit | 10 |
| judges provided for in this
Section. In any circuit composed of | 11 |
| 2 counties having a total
population of 350,000 or more, one | 12 |
| circuit judge shall be elected in
addition to the 4 circuit | 13 |
| judges provided for in this Section.
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| Any additional circuit judgeships in the 19th and 22nd | 15 |
| judicial circuits resulting by operation of this Section shall | 16 |
| be filled, if at all, at the general election in 2006 only as | 17 |
| provided in Section 2f-1. Thereafter, however, this Section | 18 |
| shall not apply to the determination of the number of circuit | 19 |
| judgeships in the 19th and 22nd judicial circuits. The number | 20 |
| of circuit judgeships in the 19th judicial circuit shall be | 21 |
| determined thereafter in accordance with Section 2f-1 and | 22 |
| Section 2f-2 and shall be reduced in accordance with those | 23 |
| Sections. The number of circuit judgeships in the 22nd judicial | 24 |
| circuit shall be determined thereafter in accordance with | 25 |
| Section 2f-1 and Section 2f-5 and shall be reduced in | 26 |
| accordance with those Sections.
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| Notwithstanding the provisions of this Section or any other | 2 |
| law, the number
of at large judgeships of the 12th judicial | 3 |
| circuit may be reduced by one or 2
judgeships as provided in | 4 |
| subsections subsection (a-10) and (a-15) of Section 2f-4.
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| The
several judges of the circuit courts of this State, | 6 |
| before entering upon
the duties of their office, shall take and | 7 |
| subscribe the following oath
or affirmation, which shall be | 8 |
| filed in the office of the Secretary of
State:
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| "I do solemnly swear (or affirm, as the case may be) that I | 10 |
| will
support the constitution of the United States, and the | 11 |
| constitution of
the State of Illinois, and that I will | 12 |
| faithfully discharge the duties
of judge of.... court, | 13 |
| according to the best of my ability."
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| One of the 3 additional circuit judgeships authorized by
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| this amendatory Act in circuits other than Cook County in which | 16 |
| each
county in the circuit has a population of 475,000 or more | 17 |
| may be filled
when this Act becomes law. The 2 remaining | 18 |
| circuit
judgeships in such circuits shall not be filled until | 19 |
| on or after July
1, 1977.
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| (Source: P.A. 93-541, eff. 8-18-03; 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-1)
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| Sec. 2f-1. 19th and 22nd judicial circuits.
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| (a) On December 4, 2006, the 19th judicial circuit is | 24 |
| divided into the 19th
and
22nd judicial circuits as provided in | 25 |
| Section 1 of the Circuit Courts Act. This
division
does not |
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| invalidate any action taken by the 19th judicial circuit or any | 2 |
| of its
judges,
officers, employees, or agents before December | 3 |
| 4, 2006. This division does not
affect
any person's rights, | 4 |
| obligations, or duties, including applicable civil and
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| criminal
penalties, arising out of any action taken by the 19th | 6 |
| judicial circuit or any
of its judges,
officers, employees, or | 7 |
| agents before December 4, 2006.
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| (b) Of the 7 circuit judgeships elected at large in the | 9 |
| 19th circuit before
the
general election in 2006, the Supreme | 10 |
| Court shall assign 5 to the 19th circuit
and 2 to the
22nd | 11 |
| circuit, based on residency of the circuit judges then holding | 12 |
| those
judgeships. The
5 assigned to the 19th circuit shall | 13 |
| continue to be elected at large , except those at large | 14 |
| judgeships that become resident judgeships as provided in | 15 |
| subsection (a-5) of Section 2f-2 .
The 2 assigned to the 22nd | 16 |
| circuit shall continue to be elected at large. | 17 |
| (b-5) Except as provided in subsection (b-10), the number | 18 |
| of at large judgeships of the 19th judicial circuit shall be | 19 |
| the number of at large judgeships specified for assigned to the | 20 |
| 19th judicial circuit pursuant to subsection (b) plus only the | 21 |
| judgeship designated as vacancy A by the State Board of | 22 |
| Elections filled at the 2006 general election. If, before, on, | 23 |
| or after the effective date of this amendatory Act of the 94th | 24 |
| General Assembly, the State Board of Elections has certified or | 25 |
| certifies one or more candidates for a judgeship of the 19th | 26 |
| judicial circuit designated as vacancy B or C by the State |
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| Board of Elections, then all such certifications are revoked | 2 |
| and are null and void by operation of law and the names of any | 3 |
| such candidates shall not appear upon the 2006 general primary | 4 |
| ballot or the 2006 general election ballot for any of those | 5 |
| judgeships.
Except as provided in subsection (b-10), the number | 6 |
| of at large judgeships of the 22nd judicial circuit shall be | 7 |
| the number of at large judgeships assigned to the 22nd judicial | 8 |
| circuit pursuant to subsection (b) plus only the judgeship | 9 |
| designated as vacancy A by the State Board of Elections filled | 10 |
| at the 2006 general election. If, before, on, or after the | 11 |
| effective date of this amendatory Act of the 94th General | 12 |
| Assembly, the State Board of Elections has certified or | 13 |
| certifies one or more candidates for the judgeship of the 22nd | 14 |
| judicial circuit designated as vacancy B by the State Board of | 15 |
| Elections, then any such certifications are revoked and are | 16 |
| null and void by operation of law and the names of any such | 17 |
| candidates shall not appear upon the 2006 general primary | 18 |
| ballot or the 2006 general election ballot for that judgeship. | 19 |
| (b-10) If this amendatory Act of the 94th General Assembly | 20 |
| is held unconstitutional and as a result the judgeships | 21 |
| designated by the State Board of Elections as vacancies A, B, | 22 |
| and C of the 19th judicial circuit are filled at the 2006 | 23 |
| general election, then the number of at large judgeships of the | 24 |
| 19th judicial circuit shall be only the number of at large | 25 |
| judgeships specified for assigned to the 19th judicial circuit | 26 |
| pursuant to subsection (b). If this amendatory Act of the 94th |
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| General Assembly is held unconstitutional and as a result the | 2 |
| judgeships designated by the State Board of Elections as | 3 |
| vacancies A and B of the 22nd judicial circuit are filled at | 4 |
| the 2006 general election, then the number of at large | 5 |
| judgeships of the 22nd judicial circuit shall be only the | 6 |
| number of at large judgeships assigned to the 22nd judicial | 7 |
| circuit pursuant to subsection (b). | 8 |
| (b-15) If subsection (b-10) applies, then each vacancy | 9 |
| occurring in an at large judgeship of the 19th judicial circuit | 10 |
| on or after the holding of unconstitutionality shall not be | 11 |
| filled by any means and each of those vacant judgeships is | 12 |
| abolished, until the number of at large judgeships of the 19th | 13 |
| judicial circuit returns to the number of at large judgeships | 14 |
| specified for the 19th judicial circuit by subsection (b-10). | 15 |
| If subsection (b-10) applies, then each vacancy occurring in an | 16 |
| at large judgeship of the 22nd judicial circuit on or after the | 17 |
| holding of unconstitutionality shall not be filled by any means | 18 |
| and each of those vacant judgeships is abolished, until the | 19 |
| number of at large judgeships of the 22nd judicial circuit | 20 |
| returns to the number of at large judgeships specified for the | 21 |
| 22nd judicial circuit by subsection (b-10).
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| (c) The 6 resident judgeships elected from Lake County | 23 |
| before the general
election in 2006 shall become resident | 24 |
| judgeships in the 19th circuit on
December 4,
2006, and the 3 | 25 |
| resident judgeships elected from McHenry County before the
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| general
election in 2006 shall become resident judgeships in |
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| the 22nd circuit on
December 4,
2006.
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| (d) On December 4, 2006, the Supreme Court shall allocate | 3 |
| the associate
judgeships of the 19th circuit before that date | 4 |
| between the 19th and 22nd
circuits based
on the residency of | 5 |
| the associate judges; however, the number of associate judges | 6 |
| allocated to the 19th circuit shall be no less than the number | 7 |
| of associate judges residing in Lake County on March 22, 2004.
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| (e) On December 4, 2006, the Supreme Court shall allocate | 9 |
| personnel, books,
records, documents, property (real and | 10 |
| personal), funds, assets, liabilities,
and pending
matters | 11 |
| concerning the 19th circuit before that date between the 19th | 12 |
| and 22nd
circuits
based on the population and staffing needs of | 13 |
| those circuits and the efficient
and proper
administration of | 14 |
| the judicial system. The rights of employees under applicable
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| collective bargaining agreements are not affected by this | 16 |
| amendatory Act of the
93rd
General Assembly.
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| (f) The judgeships set forth in this Section include the | 18 |
| judgeships
authorized
under Sections 2g, 2h, and 2j. The | 19 |
| judgeships authorized in those Sections are
not in
addition to | 20 |
| those set forth in this Section.
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| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 22 |
| 94-727, eff. 2-14-06.)
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| (705 ILCS 35/2f-2)
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| Sec. 2f-2. 19th judicial circuit; subcircuits ; additional | 25 |
| judges .
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| (a) The 19th circuit shall be divided into 6 subcircuits. | 2 |
| The
subcircuits shall be
compact, contiguous, and | 3 |
| substantially equal in population. The General
Assembly by law | 4 |
| shall
create the subcircuits, using population
data as
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| determined by the 2000 federal census, and
shall determine a | 6 |
| numerical order for the 6 subcircuits. That
numerical order | 7 |
| shall be the basis for the order in which resident judgeships
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| are assigned to
the subcircuits. The 6 resident judgeships to | 9 |
| be assigned that are not added by or converted from at large | 10 |
| judgeships as provided in this amendatory Act of the 96th | 11 |
| General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, | 12 |
| 5th, and 6th subcircuits, in that order. The 6 resident | 13 |
| judgeships to be assigned that are added by or converted from | 14 |
| at large judgeships as provided in this amendatory Act of the | 15 |
| 96th General Assembly shall be assigned to the 6th, 5th, 4th, | 16 |
| 3rd, 2nd, and 1st subcircuits, in that order. Once a resident | 17 |
| judgeship is assigned to a subcircuit, it
shall continue to be | 18 |
| assigned to that subcircuit for all purposes.
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| (a-5) Of the at large judgeships of the 19th judicial | 20 |
| circuit, the first 3 that are or become vacant on or after the | 21 |
| effective date of this amendatory Act of the 96th General | 22 |
| Assembly shall become resident judgeships of the 19th judicial | 23 |
| circuit to be allotted by the Supreme Court under subsection | 24 |
| (c) and filled by election, except that the Supreme Court may | 25 |
| fill those judgeships by appointment for any remainder of a | 26 |
| vacated term until the resident judgeships are filled initially |
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| by election. As used in this subsection, a vacancy does not | 2 |
| include the expiration of a term of an at large judge who seeks | 3 |
| retention in that office at the next term. | 4 |
| (a-10) The 19th judicial circuit shall have 3 additional | 5 |
| resident judgeships to be allotted by the Supreme Court under | 6 |
| subsection (c). One of the additional resident judgeships shall | 7 |
| be filled by election beginning at the 2010 general election. | 8 |
| Two of the additional resident judgeships shall be filled by | 9 |
| election beginning at the 2012 general election. | 10 |
| (b) The 19th circuit shall have a total of 12 6 resident | 11 |
| judgeships (6 resident judgeships existing on the effective | 12 |
| date of this amendatory Act of the 96th General Assembly, 3 | 13 |
| formerly at large judgeships as provided in subsection (a-5), | 14 |
| and 3 resident judgeships added by subsection (a-10)) . The | 15 |
| number of resident judgeships allotted to subcircuits of the | 16 |
| 19th judicial circuit pursuant to this Section shall constitute | 17 |
| all the resident judgeships of the 19th judicial circuit.
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| (c) The Supreme Court shall allot (i)
all vacancies in
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| resident
judgeships of the 19th circuit existing on or | 20 |
| occurring on or after the
effective date of this
amendatory Act
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| of the 93rd General Assembly and not filled at the 2004 general | 22 |
| election ,
and (ii) the resident judgeships of the 19th
circuit | 23 |
| filled at the 2004
general election as those judgeships | 24 |
| thereafter become vacant,
(iii) the 3 formerly at large | 25 |
| judgeships described in subsection (a-5) as they become | 26 |
| available, and (iv) the 3 resident judgeships added by |
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| subsection (a-10), for election from the
various
subcircuits | 2 |
| until there are 2 resident judges is one resident judge to be | 3 |
| elected from each
subcircuit.
No resident judge of the 19th | 4 |
| circuit serving on
the effective date of this amendatory Act of | 5 |
| the 93rd General Assembly shall be
required to change his or | 6 |
| her residency in order to continue serving in office
or
to seek | 7 |
| retention in office as resident judgeships are allotted by the
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| Supreme Court in accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 10 |
| continue to reside in
that
subcircuit as long as he or she | 11 |
| holds that office. A resident judge elected from a subcircuit | 12 |
| after January 1, 2008, must retain residency as a registered | 13 |
| voter in the subcircuit to run for retention from the circuit | 14 |
| at large thereafter.
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| (e) Vacancies in resident judgeships of the 19th circuit | 16 |
| shall be
filled
in the manner provided in Article VI of the | 17 |
| Illinois Constitution.
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| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
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| (705 ILCS 35/2f-4)
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| Sec. 2f-4. 12th circuit; subcircuits; additional judges.
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| (a) The 12th circuit shall be divided into 5 subcircuits. | 22 |
| The
subcircuits shall be
compact, contiguous, and | 23 |
| substantially equal in population. The General
Assembly by law | 24 |
| shall
create the subcircuits, using population
data as
| 25 |
| determined by the 2000 federal census, and
shall determine a |
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| numerical order for the 5 subcircuits. That numerical
order | 2 |
| shall
be the basis for the order in which resident judgeships | 3 |
| are assigned to the
subcircuits.
The 5 resident judgeships to | 4 |
| be assigned after the effective date of this amendatory Act of | 5 |
| the 96th General Assembly shall be assigned to the 3rd, 4th, | 6 |
| 5th, 1st, and 2nd subcircuits, in that order. Once a resident | 7 |
| judgeship is
assigned to a subcircuit, it shall continue to be
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| assigned to
that subcircuit for all purposes.
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| (a-10) The first vacancy in the 12th judicial circuit's 10 | 10 |
| existing circuit judgeships (8 at large and 2 resident), but | 11 |
| not in the additional judgeships described in subsections (b) | 12 |
| and (b-5), that exists on or after the effective date of this | 13 |
| amendatory Act of the 94th General Assembly shall not be | 14 |
| filled, by appointment or election, and that judgeship is | 15 |
| eliminated. Of the 12th judicial circuit's 10 existing circuit | 16 |
| judgeships (8 at large and 2 resident), but not the additional | 17 |
| judgeships described in subsections (b) and (b-5), the second | 18 |
| to be vacant or become vacant on or after the effective date of | 19 |
| this amendatory Act of the 94th General Assembly shall be | 20 |
| allotted as a 12th circuit resident judgeship under subsection | 21 |
| (c). | 22 |
| (a-15) Of the at large judgeships of the 12th judicial | 23 |
| circuit not affected by subsection (a-10), the first 2 that are | 24 |
| or become vacant on or after the effective date of this | 25 |
| amendatory Act of the 96th General Assembly shall become | 26 |
| resident judgeships of the 12th judicial circuit to be allotted |
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| by the Supreme Court under subsection (c) and filled by | 2 |
| election, except that the Supreme Court may fill those | 3 |
| judgeships by appointment for any remainder of a vacated term | 4 |
| until the resident judgeships are filled initially by election. | 5 |
| (a-20) As used in subsections (a-10) and (a-15) this | 6 |
| subsection , a vacancy does not include the
expiration of a term | 7 |
| of an at large or resident judge who seeks
retention in that | 8 |
| office at the next term.
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| (b) The 12th circuit shall have 6 3 additional resident | 10 |
| judgeships, as well
as
its existing resident judgeship as | 11 |
| established in subsection (a-10) or
judgeships , and existing at | 12 |
| large judgeships, for a
total of 15 12 judgeships available to | 13 |
| be allotted under subsection (c)
to the 10 5 subcircuit | 14 |
| resident
judgeships. The
additional resident
judgeship created
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| by Public Act 93-541 shall be filled by election beginning at | 16 |
| the
general
election in
2006. The 2 additional resident | 17 |
| judgeships created by this amendatory Act of 2004 shall be | 18 |
| filled by election beginning at the general election in 2008. | 19 |
| The additional resident judgeships created by this amendatory | 20 |
| Act of the 96th General Assembly shall be filled by election | 21 |
| beginning at the general election in 2010. After the | 22 |
| subcircuits are created by
law, the Supreme Court may fill by | 23 |
| appointment the additional resident judgeships created by | 24 |
| Public Act 93-541 , and
this
amendatory Act of 2004 , and this | 25 |
| amendatory Act of the 96th General Assembly until the 2006 , or | 26 |
| 2008 , or 2010
general
election, as the case may be.
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| (b-5) In addition to the number of circuit judges and | 2 |
| resident judges otherwise authorized by law, and | 3 |
| notwithstanding any other provision of law, beginning on April | 4 |
| 1, 2006 there shall be one additional resident judge who is a | 5 |
| resident of and elected from the fourth judicial subcircuit of | 6 |
| the 12th judicial circuit. That additional resident judgeship | 7 |
| may be filled by appointment by the Supreme Court until filled | 8 |
| by election at the general election in 2008, regardless of | 9 |
| whether the judgeships for subcircuits 1, 2, and 3 have been | 10 |
| filled. | 11 |
| (c) The Supreme Court shall allot (i) the additional | 12 |
| resident judgeships
of the 12th circuit created by Public Act | 13 |
| 93-541 , and this amendatory Act of 2004, and this amendatory | 14 |
| Act of the 96th General Assembly, and (ii)
the second vacancy | 15 |
| in the at large and resident judgeships of the 12th
circuit as | 16 |
| provided in subsection (a-10),
and (iii) the 2 formerly at | 17 |
| large judgeships described in subsection (a-15) as they become | 18 |
| available, for election from the
various
subcircuits until, | 19 |
| with the additional judge of the fourth subcircuit described in | 20 |
| subsection (b-5), there are 2 is one resident judges judge to | 21 |
| be elected from each
subcircuit. No at large or resident judge | 22 |
| of the 12th circuit serving on
August 18, 2003 shall be
| 23 |
| required to change his or her residency in order to continue | 24 |
| serving in office
or
to seek retention in office as at large or | 25 |
| resident judgeships are allotted by
the
Supreme Court in | 26 |
| accordance with this Section.
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| (d) A resident judge elected from a subcircuit shall | 2 |
| continue to reside in
that
subcircuit as long as he or she | 3 |
| holds that office. A resident judge elected from a subcircuit | 4 |
| after January 1, 2008, must retain residency as a registered | 5 |
| voter in the subcircuit to run for retention from the circuit | 6 |
| at large thereafter.
| 7 |
| (e) Vacancies in resident judgeships of the 12th circuit | 8 |
| shall be filled
in the manner provided in Article VI of the | 9 |
| Illinois Constitution , except as otherwise provided in this | 10 |
| Section .
| 11 |
| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| 12 |
| (705 ILCS 35/2f-6) | 13 |
| Sec. 2f-6. 17th judicial circuit; subcircuits. | 14 |
| (a) The 17th circuit shall be divided into 4 subcircuits. | 15 |
| The
subcircuits shall be
compact, contiguous, and | 16 |
| substantially equal in population. The General
Assembly by law | 17 |
| shall
create the subcircuits, using population
data as
| 18 |
| determined by the 2000 federal census, and
shall determine a | 19 |
| numerical order for the 4 subcircuits. That
numerical order | 20 |
| shall be the basis for the order in which resident judgeships
| 21 |
| are assigned to
the subcircuits. Once a resident judgeship is | 22 |
| assigned to a subcircuit, it
shall continue to be assigned to | 23 |
| that subcircuit for all purposes.
| 24 |
| (a-10) Of the 17th circuit's 9 existing circuit judgeships | 25 |
| existing on April 7, 2005 (6 at large and
3 resident), but not |
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| including the one resident judgeship added by this amendatory | 2 |
| Act of the 96th General Assembly, the 3 resident judgeships | 3 |
| shall be allotted as 17th circuit resident judgeships under
| 4 |
| subsection (c) as those resident judgeships
are or become | 5 |
| vacant on or after the effective date of this amendatory Act of | 6 |
| the 93rd General Assembly. Of the 17th circuit's associate | 7 |
| judgeships, the first associate judgeship that is or becomes | 8 |
| vacant on or after the effective date of this amendatory Act of | 9 |
| the 93rd General Assembly shall become a resident judgeship of | 10 |
| the 17th circuit to be allotted by the Supreme Court under | 11 |
| subsection (c) as a resident subcircuit judgeship. These | 12 |
| resident judgeships , and the one resident judgeship added by | 13 |
| this amendatory Act of the 96th General Assembly, shall | 14 |
| constitute all of the resident judgeships of the 17th circuit. | 15 |
| As used in this subsection, a vacancy does not include the
| 16 |
| expiration of a term of a resident judge who seeks
retention in | 17 |
| that office at the next term. A vacancy does not exist or occur | 18 |
| at the expiration of an associate judge's term if the associate | 19 |
| judge is reappointed.
| 20 |
| (b) The 17th circuit shall have a total of 4 judgeships (3 | 21 |
| resident judgeships existing on April 7, 2005 and one associate | 22 |
| judgeship ) , but not including the one resident judgeship added | 23 |
| by this amendatory Act of the 96th General Assembly, available | 24 |
| to be allotted to the 4 subcircuit resident judgeships.
| 25 |
| (c) The Supreme Court shall allot (i) the 3 resident
| 26 |
| judgeships of the 17th circuit existing on April 7, 2005 as |
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| 1 |
| they are or become vacant as provided in subsection (a-10) and | 2 |
| (ii) the one associate judgeship converted into a resident | 3 |
| judgeship of the 17th circuit as it is or becomes vacant as | 4 |
| provided in subsection (a-10),
for election from the
various
| 5 |
| subcircuits until there is one resident judge to be elected | 6 |
| from each
subcircuit.
No resident or associate judge of the | 7 |
| 17th circuit serving on
the effective date of this amendatory | 8 |
| Act of the 93rd General Assembly shall be
required to change | 9 |
| his or her residency in order to continue serving in office
or
| 10 |
| to seek retention or reappointment in office as resident | 11 |
| judgeships are allotted by the
Supreme Court in accordance with | 12 |
| this Section.
| 13 |
| (d) A resident judge elected from a subcircuit shall | 14 |
| continue to reside in
that
subcircuit as long as he or she | 15 |
| holds that office.
A resident judge elected from a subcircuit | 16 |
| after January 1, 2008, must retain residency as a registered | 17 |
| voter in the subcircuit to run for retention from the circuit | 18 |
| at large thereafter.
| 19 |
| (e) Vacancies in resident judgeships of the 17th circuit | 20 |
| shall be
filled
in the manner provided in Article VI of the | 21 |
| Illinois Constitution.
| 22 |
| (Source: P.A. 95-610, eff. 9-11-07.) | 23 |
| (705 ILCS 35/2f-9) | 24 |
| Sec. 2f-9. 16th judicial circuit; subcircuits. | 25 |
| (a) The 16th circuit shall be divided into 5 subcircuits. |
|
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| The
subcircuits shall be
compact, contiguous, and | 2 |
| substantially equal in population. The General
Assembly by law | 3 |
| shall
create the subcircuits, using population
data as
| 4 |
| determined by the 2000 federal census, and
shall determine a | 5 |
| numerical order for the 5 subcircuits. That
numerical order | 6 |
| shall be the basis for the order in which resident judgeships
| 7 |
| are assigned to
the subcircuits. Once a resident judgeship is | 8 |
| assigned to a subcircuit, it
shall continue to be assigned to | 9 |
| that subcircuit for all purposes.
| 10 |
| (b) Of the 16th circuit's 16 existing circuit judgeships | 11 |
| existing on April 7, 2005 (7 at large and
9 resident), but not | 12 |
| including the 3 resident judgeships added by this amendatory | 13 |
| Act of the 96th General Assembly, 5 of the 9 resident | 14 |
| judgeships shall be allotted as 16th circuit resident | 15 |
| judgeships under
subsection (c) as (i) the first resident | 16 |
| judgeship of DeKalb County, (ii) the first resident judgeship | 17 |
| of Kendall County, and (iii) the first 2 resident judgeships
of | 18 |
| Kane County are or become vacant on or after the effective date | 19 |
| of this amendatory Act of the 93rd General Assembly, and (iv) | 20 |
| the first resident judgeship of Kane County (in addition to the | 21 |
| 2 vacancies under item (iii)) is or becomes vacant after the | 22 |
| effective date of this amendatory Act of the 94th General | 23 |
| Assembly. These 5 resident subcircuit judgeships and the | 24 |
| remaining 6 4 resident judgeships shall constitute all of the | 25 |
| resident judgeships of the 16th circuit. As used in this | 26 |
| subsection, a vacancy does not include the
expiration of a term |
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| of a resident judge who seeks
retention in that office at the | 2 |
| next term.
| 3 |
| (c) The Supreme Court shall allot the first eligible DeKalb | 4 |
| County vacancy, the first eligible Kendall County vacancy, and | 5 |
| the first 3 Kane County vacancies in resident judgeships of the | 6 |
| 16th circuit as provided in subsection (b),
for election from | 7 |
| the
various
subcircuits. The judgeships shall be assigned to | 8 |
| the subcircuits based upon the numerical order of the 5 | 9 |
| subcircuits. No resident judge of the 16th circuit serving on
| 10 |
| the effective date of this amendatory Act of the 93rd General | 11 |
| Assembly shall be
required to change his or her residency in | 12 |
| order to continue serving in office
or
to seek retention in | 13 |
| office as judgeships are allotted by the
Supreme Court in | 14 |
| accordance with this Section.
| 15 |
| (d) A resident judge elected from a subcircuit shall | 16 |
| continue to reside in
that
subcircuit as long as he or she | 17 |
| holds that office.
A resident judge elected from a subcircuit | 18 |
| after January 1, 2008, must retain residency as a registered | 19 |
| voter in the subcircuit to run for retention from the circuit | 20 |
| at large thereafter.
| 21 |
| (e) Vacancies in resident judgeships of the 16th circuit | 22 |
| shall be
filled
in the manner provided in Article VI of the | 23 |
| Illinois Constitution.
| 24 |
| (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) | 25 |
| (705 ILCS 35/2k new)
|
|
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| Sec. 2k. Additional 16th circuit resident judge; Kane | 2 |
| County. In addition to the number of circuit judges otherwise | 3 |
| authorized by this Act, there shall be one additional judge | 4 |
| elected in the 16th judicial circuit who shall be a resident of | 5 |
| and elected from Kane County. The additional resident circuit | 6 |
| judgeship created by this Section may be filled by appointment | 7 |
| by the Illinois Supreme Court until the judgeship is filled by | 8 |
| election beginning at the 2010 general election. The judgeship | 9 |
| provided by this Section shall not be a subcircuit judgeship. | 10 |
| (705 ILCS 35/2m new)
| 11 |
| Sec. 2m. Additional 16th circuit resident judge; DeKalb | 12 |
| County. In addition to the number of circuit judges otherwise | 13 |
| authorized by this Act, there shall be one additional judge | 14 |
| elected in the 16th judicial circuit who shall be a resident of | 15 |
| and elected from DeKalb County. The additional resident circuit | 16 |
| judgeship created by this Section may be filled by appointment | 17 |
| by the Illinois Supreme Court until the judgeship is filled by | 18 |
| election beginning at the 2010 general election. The judgeship | 19 |
| provided by this Section shall not be a subcircuit judgeship. | 20 |
| (705 ILCS 35/2n new) | 21 |
| Sec. 2n. Additional 16th circuit resident judge; Kendall | 22 |
| County. In addition to the number of circuit judges otherwise | 23 |
| authorized by this Act, there shall be one additional judge | 24 |
| elected in the 16th judicial circuit who shall be a resident of |
|
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| 1 |
| and elected from Kendall County. The additional resident | 2 |
| circuit judgeship created by this Section may be filled by | 3 |
| appointment by the Illinois Supreme Court until the judgeship | 4 |
| is filled by election beginning at the 2010 general election. | 5 |
| The judgeship provided by this Section shall not be a | 6 |
| subcircuit judgeship. | 7 |
| (705 ILCS 35/2p new)
| 8 |
| Sec. 2p. Additional 13th circuit resident judge; Grundy | 9 |
| County. In addition to the number of circuit judges otherwise | 10 |
| authorized by this Act, there shall be one additional circuit | 11 |
| judge in the
13th circuit who shall be a resident of and | 12 |
| elected from Grundy County. The judgeship shall be filled by | 13 |
| appointment until it is filled by election at the general | 14 |
| election in November of 2010. | 15 |
| (705 ILCS 35/2q new) | 16 |
| Sec. 2q. Additional 17th circuit resident judge; Boone | 17 |
| County. In addition to the number of circuit judges otherwise | 18 |
| authorized by this Act, there shall be one additional judge | 19 |
| elected in the 17th judicial circuit who shall be a resident of | 20 |
| and elected from Boone County. The additional resident circuit | 21 |
| judgeship created by this Section may be filled by appointment | 22 |
| by the Illinois Supreme Court until the judgeship is filled by | 23 |
| election beginning at the 2010 general election. The judgeship | 24 |
| provided by this Section shall not be a subcircuit judgeship. A |
|
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| resident judge elected from Boone County under this Section | 2 |
| must continue to reside in Boone County as long as he or she | 3 |
| holds that office. | 4 |
| Section 10. The Associate Judges Act is amended by adding | 5 |
| Sections 2.2, 2.3, and 2.4 as follows: | 6 |
| (705 ILCS 45/2.2 new)
| 7 |
| Sec. 2.2. Additional associate judge; 16th circuit. In | 8 |
| addition to the number of associate judges authorized under | 9 |
| Sections 2 and 2.1 of this Act, there shall be one additional | 10 |
| associate judge appointed in the 16th circuit. | 11 |
| (705 ILCS 45/2.3 new) | 12 |
| Sec. 2.3. Additional associate judge; 17th circuit. In | 13 |
| addition to the number of associate judges authorized under | 14 |
| Sections 2 and 2.1 of this Act, there shall be one additional | 15 |
| associate judge appointed in the 17th circuit. | 16 |
| (705 ILCS 45/2.4 new)
| 17 |
| Sec. 2.4. Additional associate judges; 18th circuit. In | 18 |
| addition to the number of associate judges authorized under | 19 |
| Sections 2 and 2.1 of this Act, there shall be 2 additional | 20 |
| associate judges appointed in the 18th circuit.
| 21 |
| Section 99. Effective date. This Act takes effect upon |
|
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| becoming law.".
|
|