Full Text of HJRCA0020 99th General Assembly
HC0020ham001 99TH GENERAL ASSEMBLY |
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| 1 | | AMENDMENT TO HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT 20
| 3 | | AMENDMENT NO. ___. Amend House Joint Resolution | 4 | | Constitutional Amendment 20 by replacing lines 3 through 24 on | 5 | | page 1 and all of pages 2 through 13 with the following:
| 6 | | "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 7 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 8 | | SENATE CONCURRING HEREIN, that there shall be submitted to the | 9 | | electors of the State for adoption or rejection at the general | 10 | | election next occurring at least 6 months after the adoption of | 11 | | this resolution a proposition to amend Section 12 of and to add | 12 | | Section 12.1 to Article VI of the Illinois Constitution as | 13 | | follows:
| 14 | | ARTICLE VI
| 15 | | THE JUDICIARY
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| 1 | | (ILCON Art. VI, Sec. 12)
| 2 | | SECTION 12. ELECTION AND RETENTION
| 3 | | (a) Supreme, Appellate and Circuit Judges shall be | 4 | | nominated at primary
elections or by petition. Judges shall be | 5 | | elected at general or judicial
elections as the General | 6 | | Assembly shall provide by law. A person
eligible for the office | 7 | | of Judge may cause his name to appear on the
ballot as a | 8 | | candidate for Judge at the primary and at the general or
| 9 | | judicial elections by submitting petitions. The General | 10 | | Assembly shall
prescribe by law the requirements for petitions.
| 11 | | (b) The office of a Judge shall be vacant upon his death,
| 12 | | resignation, retirement, removal, or upon the conclusion of his | 13 | | term
without retention in office. Whenever an additional | 14 | | Appellate or Circuit
Judge is authorized by law, the office | 15 | | shall be filled in the manner
provided for filling a vacancy in | 16 | | that office.
| 17 | | (c) A vacancy occurring in the office of Supreme, Appellate | 18 | | or
Circuit Judge shall be filled as the General Assembly may | 19 | | provide by
law. In the absence of a law, vacancies may be | 20 | | filled by appointment by
the Supreme Court. A person appointed | 21 | | to fill a vacancy 60 or more days
prior to the next primary | 22 | | election to nominate Judges shall serve until
the vacancy is | 23 | | filled for a term at the next general or judicial
election. A | 24 | | person appointed to fill a vacancy less than 60 days prior
to | 25 | | the next primary election to nominate Judges shall serve until |
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| 1 | | the
vacancy is filled at the second general or judicial | 2 | | election following
such appointment.
| 3 | | (d) Not less than six months before the general election | 4 | | preceding
the expiration of his term of office, a Supreme, | 5 | | Appellate or Circuit
Judge who has been elected to that office | 6 | | may file in the office of the
Secretary of State a declaration | 7 | | of candidacy to succeed himself. The
Secretary of State, not | 8 | | less than 63 days before the election, shall
certify the | 9 | | Judge's candidacy to the proper election officials. The
names | 10 | | of Judges seeking retention shall be submitted to the electors,
| 11 | | separately and without party designation, on the sole question | 12 | | whether
each Judge shall be retained in office for another | 13 | | term. The retention
elections shall be conducted at general | 14 | | elections in the appropriate
Judicial District, for Supreme and | 15 | | Appellate Judges, and in the circuit
for Circuit Judges. The | 16 | | affirmative vote of three-fifths of the electors
voting on the | 17 | | question shall elect the Judge to the office for a term
| 18 | | commencing on the first Monday in December following his | 19 | | election.
| 20 | | (e) A law reducing the number of Appellate or Circuit | 21 | | Judges shall
be without prejudice to the right of the Judges | 22 | | affected to seek
retention in office. A reduction shall become | 23 | | effective when a vacancy
occurs in the affected unit.
| 24 | | (Source: Illinois Constitution.)
| 25 | | (ILCON Art. VI, Sec. 12.1 new) |
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| 1 | | SECTION 12.1. JUDICIAL RETENTION PROCEDURES | 2 | | (a) Not less than 12 months before the general election | 3 | | preceding the expiration of the term of office, a Judge may | 4 | | file in the office of the Secretary of State a declaration of | 5 | | candidacy for retention. An Independent Judicial Review | 6 | | Commission shall be established in each Judicial District for | 7 | | Supreme Court Judges and Appellate Judges, and in each Circuit | 8 | | for Circuit Judges, to determine the qualifications of Judges | 9 | | who have declared their candidacy for retention. Upon receipt | 10 | | of a declaration of candidacy for retention, the Secretary of | 11 | | State shall notify the persons making appointments to an | 12 | | Independent Judicial Review Commission. | 13 | | (b) The Supreme Court shall establish rules for the conduct | 14 | | of each Commission, including, but not limited to, the | 15 | | submission of public comments, the disclosure of documents, and | 16 | | a process to appeal a decision of a Commission. | 17 | | (c) Each Commission shall have twelve members who reside in | 18 | | the Judicial District or Circuit. Three members of each | 19 | | Commission shall be appointed by the Attorney General and three | 20 | | by the next officer not affiliated with the same political | 21 | | party as the Attorney General in the following order: (i) | 22 | | Governor, (ii) Secretary of State, (iii) Comptroller, (iv) | 23 | | Treasurer, (v) President of the Senate, (vi) Speaker of the | 24 | | House of Representatives, (vii) Minority Leader of the House of | 25 | | Representatives. Six members of each Commission shall be | 26 | | appointed by the Supreme Court, except that no Judge of the |
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| 1 | | Supreme Court who has announced his or her candidacy for | 2 | | retention shall participate in the selection of members of a | 3 | | Commission for the Judicial District in which that Judge | 4 | | serves. The terms of members of each Judicial Review Commission | 5 | | shall begin immediately upon their selection, and shall expire | 6 | | on the first Monday in November of the same year. Appointments | 7 | | shall be made within 30 days of receiving notification from the | 8 | | Secretary of State. A vacancy shall be filled by the officer | 9 | | responsible for the initial appointment. | 10 | | (d) Each Commission shall consider candidates qualified to | 11 | | serve another term if they have demonstrated, by their | 12 | | performance in the position for which they are seeking | 13 | | retention and otherwise, that they are qualified to occupy that | 14 | | office. Candidates shall be considered free from | 15 | | discrimination based on age, color, gender, marital status, | 16 | | national origin, physical disability, sexual orientation, | 17 | | race, or religion. | 18 | | (e) If at least seven of the members of a Commission find | 19 | | the candidate qualified to serve another term, the candidate | 20 | | shall be retained in office for a full term commencing on the | 21 | | first Monday in December following the general election. | 22 | | (f) Not less than six months before the general election, a | 23 | | Commission shall submit a report to the Chief Justice | 24 | | indicating candidates it has found qualified. | 25 | | (g) A candidate who has not been found qualified for | 26 | | retention by a Commission shall have the right to stand for |
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| 1 | | retention at the next general election by the electorate in the | 2 | | Judicial District for Supreme and Appellate Judges or Circuit | 3 | | for Circuit Judges. No later than 150 days before the general | 4 | | election, the candidate shall file with the Secretary of State | 5 | | a declaration of candidacy for retention by the electorate. The | 6 | | Secretary of State shall certify the candidacy to the proper | 7 | | election officials. The names of Judges seeking retention shall | 8 | | be submitted to the electors, separately and without party | 9 | | designation, on the sole question of retention in office for | 10 | | another term. The affirmative vote of three-fifths of the | 11 | | electors in the Judicial District or Circuit who cast ballots | 12 | | on the question of the Judge's retention shall be necessary for | 13 | | the Judge to continue in that office for a full term commencing | 14 | | on the first Monday in December following the general election. | 15 | | (h) A law reducing the number of Appellate or Circuit | 16 | | Judges shall be without prejudice to the right of the Judges | 17 | | affected to seek retention in office. A reduction shall become | 18 | | effective when a vacancy occurs in the affected unit.
| 19 | | SCHEDULE
| 20 | | This Constitutional Amendment takes effect upon being | 21 | | declared adopted in accordance with Section 7 of the Illinois | 22 | | Constitutional Amendment Act.". |
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