Full Text of SB2406 102nd General Assembly
SB2406enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Circuit Courts Act is amended by changing | 5 | | Sections 1 and 2f-2 and by adding Sections 2f-12 and 37 as | 6 | | follows:
| 7 | | (705 ILCS 35/1) (from Ch. 37, par. 72.1)
| 8 | | Sec. 1. Judicial circuits created. The county of Cook | 9 | | shall be one
judicial circuit and the State of
Illinois, | 10 | | exclusive of the county of Cook, shall be and is divided into
| 11 | | judicial circuits as follows:
| 12 | | First Circuit--The counties of Alexander, Pulaski, Massac, | 13 | | Pope,
Johnson, Union, Jackson, Williamson and Saline.
| 14 | | Second Circuit--The counties of Hardin, Gallatin, White, | 15 | | Hamilton,
Franklin, Wabash, Edwards, Wayne, Jefferson, | 16 | | Richland, Lawrence and
Crawford.
| 17 | | Third Circuit--The counties of Madison and Bond.
| 18 | | Fourth Circuit--The counties of Clinton, Marion, Clay, | 19 | | Fayette,
Effingham, Jasper, Montgomery, Shelby , and Christian.
| 20 | | Fifth Circuit--The counties of Vermilion, Edgar, Clark, | 21 | | Cumberland and
Coles.
| 22 | | Sixth Circuit--The counties of Champaign, Douglas, | 23 | | Moultrie, Macon,
DeWitt , and Piatt.
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| 1 | | Seventh Circuit--The counties of Sangamon, Macoupin, | 2 | | Morgan, Scott,
Greene , and Jersey.
| 3 | | Eighth Circuit--The counties of Adams, Schuyler, Mason, | 4 | | Cass, Brown,
Pike, Calhoun , and Menard.
| 5 | | Ninth Circuit--The counties of Knox, Warren, Henderson, | 6 | | Hancock,
McDonough , and Fulton.
| 7 | | Tenth Circuit--The counties of Peoria, Marshall, Putnam, | 8 | | Stark , and
Tazewell.
| 9 | | Eleventh Circuit--The counties of McLean,
Livingston, | 10 | | Logan, Ford , and
Woodford.
| 11 | | Twelfth Circuit--The county of Will.
| 12 | | Thirteenth Circuit--The counties of Bureau, LaSalle , and | 13 | | Grundy.
| 14 | | Fourteenth Circuit--The counties of Rock Island, Mercer, | 15 | | Whiteside , and
Henry.
| 16 | | Fifteenth Circuit--The counties of Jo Daviess, Stephenson, | 17 | | Carroll, Ogle ,
and Lee.
| 18 | | Sixteenth Circuit-- The county of Kane. Before December 3, | 19 | | 2012, the counties of Kane, DeKalb, and Kendall. On and after | 20 | | December 3, 2012, the County of Kane.
| 21 | | Seventeenth Circuit--The counties of Winnebago and Boone.
| 22 | | Eighteenth Circuit--The county of DuPage.
| 23 | | Nineteenth Circuit-- The county of Lake. Before December 4, | 24 | | 2006, the counties of Lake and
McHenry. On and after December | 25 | | 4, 2006, the County of Lake.
| 26 | | Twentieth Circuit-- Before December 5, 2022, the The |
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| 1 | | counties of Randolph, Monroe, St. Clair,
Washington , and | 2 | | Perry. On and after December 5, 2022, the county of St. Clair.
| 3 | | Twenty-first Circuit--The counties of Iroquois and | 4 | | Kankakee.
| 5 | | Twenty-second Circuit-- The county of McHenry. On and after | 6 | | December 4, 2006, the County of
McHenry.
| 7 | | Twenty-third Circuit-- The On and after December 3, 2012, | 8 | | the counties of DeKalb and Kendall. | 9 | | Twenty-fourth Circuit--On and after December 5, 2022, the | 10 | | counties of Randolph, Monroe, Washington, and Perry. | 11 | | (Source: P.A. 97-585, eff. 8-26-11; 98-756, eff. 7-16-14.)
| 12 | | (705 ILCS 35/2f-2)
| 13 | | Sec. 2f-2. 19th judicial circuit; subcircuits; additional | 14 | | judges.
| 15 | | (a) Prior to the boundaries of the subcircuits being | 16 | | redrawn under subsection (a-3), the The 19th circuit shall be | 17 | | divided into 6 subcircuits. The
subcircuits shall be
compact, | 18 | | contiguous, and substantially equal in population. The General
| 19 | | Assembly by law shall
create the subcircuits, using population
| 20 | | data as
determined by the 2000 federal census, and
shall | 21 | | determine a numerical order for the 6 subcircuits. That
| 22 | | numerical order shall be the basis for the order in which | 23 | | resident judgeships
are assigned to
the subcircuits. The 6 | 24 | | resident judgeships to be assigned that are not added by or | 25 | | converted from at-large at large judgeships as provided in |
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| 1 | | this amendatory Act of the 96th General Assembly shall be | 2 | | assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, | 3 | | in that order. The 6 resident judgeships to be assigned that | 4 | | are added by or converted from at-large at large judgeships as | 5 | | provided in this amendatory Act of the 96th General Assembly | 6 | | shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st | 7 | | subcircuits, in that order. Once a resident judgeship is | 8 | | assigned to a subcircuit, it
shall continue to be assigned to | 9 | | that subcircuit for all purposes.
| 10 | | (a-3) In 2021, the General Assembly shall redraw the | 11 | | boundaries of the subcircuits to reflect the results of the | 12 | | 2020 federal decennial census and divide the 19th circuit into | 13 | | at least 10 subcircuits . The General Assembly shall redraw the | 14 | | subcircuit boundaries after every federal decennial census. | 15 | | The subcircuits shall be compact, contiguous, and | 16 | | substantially equal in population. Upon the division of | 17 | | subcircuits pursuant to this Section: (i) each resident | 18 | | judgeship shall be assigned to the newly drawn subcircuit in | 19 | | which the judge of the resident judgeship in question resides; | 20 | | and (ii) each at-large judgeship shall be converted to a | 21 | | resident judgeship and assigned to the subcircuit in which the | 22 | | judge of the converted judgeship in question resides. Once a | 23 | | resident judgeship is assigned to a subcircuit or an at-large | 24 | | judgeship is converted to a resident judgeship and assigned to | 25 | | a subcircuit, it shall be assigned to that subcircuit for all | 26 | | purposes. In accordance with subsection (a), a resident |
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| 1 | | judgeship assigned to a subcircuit shall continue to be | 2 | | assigned to that subcircuit. Any vacancy in a resident | 3 | | judgeship existing on or occurring after the effective date of | 4 | | a law redrawing the boundaries of the subcircuits shall be | 5 | | filled by a resident of the redrawn subcircuit. When a vacancy | 6 | | occurs in a resident judgeship, the resident judgeship shall | 7 | | be allotted by the Supreme Court under subsection (c) and | 8 | | filled by election. Notwithstanding the preceding 2 sentences, | 9 | | the resident judgeship shall not be allotted by the Supreme | 10 | | Court and filled by election if, after the vacancy arises, | 11 | | there are still 2 or more nonvacant resident judgeships in the | 12 | | subcircuit of the vacant resident judgeship in question. | 13 | | (a-5) Of the at-large at large judgeships of the 19th | 14 | | judicial circuit, the first 3 that are or become vacant on or | 15 | | after the effective date of this amendatory Act of the 96th | 16 | | General Assembly shall become resident judgeships of the 19th | 17 | | judicial circuit to be allotted by the Supreme Court under | 18 | | subsection (c) and filled by election, except that the Supreme | 19 | | Court may fill those judgeships by appointment for any | 20 | | remainder of a vacated term until the resident judgeships are | 21 | | filled initially by election. As used in this subsection, a | 22 | | vacancy does not include the expiration of a term of an | 23 | | at-large at large judge who seeks retention in that office at | 24 | | the next term. | 25 | | (a-10) The 19th judicial circuit shall have 3 additional | 26 | | resident judgeships to be allotted by the Supreme Court under |
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| 1 | | subsection (c). One of the additional resident judgeships | 2 | | shall be filled by election beginning at the 2010 general | 3 | | election. Two of the additional resident judgeships shall be | 4 | | filled by election beginning at the 2012 general election. | 5 | | (a-15) The 19th judicial circuit shall have additional | 6 | | resident judgeships as provided by subsection (a-3) to be | 7 | | allotted by the Supreme Court under subsection (c). The | 8 | | resident judgeships shall be allotted by the Supreme Court in | 9 | | numerical order as provided by the General Assembly upon the | 10 | | redrawing of boundaries and the division of subcircuits | 11 | | pursuant to subsection (a-3). Two additional resident | 12 | | judgeships allotted by the Supreme Court pursuant to this | 13 | | subsection, in numerical order as provided by the General | 14 | | Assembly, shall be filled by election beginning at the 2022 | 15 | | general election. The remainder of the additional resident | 16 | | judgeships shall be filled by election at the 2024 election. | 17 | | (a-20) In addition to the 2 judgeships filled by election | 18 | | at the 2022 election as provided by subsection (a-15), any | 19 | | judgeship that became vacant after January 1, 2020 and on the | 20 | | effective date of this amendatory Act of the 102nd General | 21 | | Assembly is held by an individual appointed by the Supreme | 22 | | Court also shall be filled by election at the 2022 general | 23 | | election. This subsection is subject to the requirement of | 24 | | subsection (a-3) that no judgeship shall be allotted by the | 25 | | Supreme Court and filled by election if, after the vacancy | 26 | | arises, there are still 2 or more nonvacant resident |
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| 1 | | judgeships in the subcircuit of the vacant resident judgeship | 2 | | in question. | 3 | | (b) The 19th circuit shall have a total of 12 resident | 4 | | judgeships (6 resident judgeships existing on the effective | 5 | | date of this amendatory Act of the 96th General Assembly, 3 | 6 | | formerly at-large at large judgeships as provided in | 7 | | subsection (a-5), and 3 resident judgeships added by | 8 | | subsection (a-10)). The number of resident judgeships allotted | 9 | | to subcircuits of the 19th judicial circuit pursuant to this | 10 | | Section shall constitute all the resident judgeships of the | 11 | | 19th judicial circuit.
| 12 | | (c) The Supreme Court shall allot (i)
all vacancies in
| 13 | | resident
judgeships of the 19th circuit existing on or | 14 | | occurring on or after the
effective date of this
amendatory | 15 | | Act
of the 93rd General Assembly and not filled at the 2004 | 16 | | general election,
(ii) the resident judgeships of the 19th
| 17 | | circuit filled at the 2004
general election as those | 18 | | judgeships thereafter become vacant,
(iii) the 3 formerly | 19 | | at-large at large judgeships described in subsection (a-5) as | 20 | | they become available, and (iv) the 3 resident judgeships | 21 | | added by subsection (a-10), and (v) the additional resident | 22 | | judgeships provided for by subsection (a-3), for election from | 23 | | the
various
subcircuits until there are 2 resident judges to | 24 | | be elected from each
subcircuit.
No resident judge of the 19th | 25 | | circuit serving on
the effective date of this amendatory Act | 26 | | of the 93rd General Assembly shall be
required to change his or |
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| 1 | | her residency in order to continue serving in office
or
to seek | 2 | | retention in office as resident judgeships are allotted by the
| 3 | | Supreme Court in accordance with this Section.
| 4 | | (d) A resident judge elected from a subcircuit shall | 5 | | continue to reside in
that
subcircuit as long as he or she | 6 | | holds that office. A resident judge elected from a subcircuit | 7 | | after January 1, 2008, must retain residency as a registered | 8 | | voter in the subcircuit to run for retention from the circuit | 9 | | at-large at large thereafter.
| 10 | | (e) Vacancies in resident judgeships of the 19th circuit | 11 | | shall be
filled
in the manner provided in Article VI of the | 12 | | Illinois Constitution.
| 13 | | (Source: P.A. 101-477, eff. 6-1-20 .)
| 14 | | (705 ILCS 35/2f-12 new) | 15 | | Sec. 2f-12. 20th and 24th judicial circuits. | 16 | | (a) On December 5, 2022, the 20th judicial circuit is | 17 | | divided into the 20th and 24th judicial circuits as provided | 18 | | in Section 1. This division does not invalidate any action | 19 | | taken by the 20th judicial circuit or any of its judges, | 20 | | officers, employees, or agents before December 5, 2022. This | 21 | | division does not affect any person's rights, obligations, or | 22 | | duties, including applicable civil and criminal penalties, | 23 | | arising out of any action taken by the 20th judicial circuit or | 24 | | any of its judges, officers, employees, or agents before | 25 | | December 5, 2022. |
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| 1 | | (b) Any vacancies in at-large judgeships or resident | 2 | | judgeships shall be filled in the 2022 general election. The | 3 | | Supreme Court shall fill any remaining vacancies in at-large | 4 | | judgeships or resident judgeships by appointment after the | 5 | | 2022 general election. | 6 | | (c) The Supreme Court shall assign to the 20th circuit the | 7 | | 5 circuit judgeships elected at-large in the 20th circuit | 8 | | before and at the 2022 general election. The 3 resident | 9 | | judgeships elected from St. Clair County before the 2012 | 10 | | general election shall become at-large circuit judgeships in | 11 | | the 20th circuit on December 5, 2022. An individual seeking | 12 | | election to one of the 5 judgeships at-large or a judge seeking | 13 | | retention to one of the 5 judgeships at-large at the 2022 | 14 | | general election shall seek election or retention solely | 15 | | within the boundaries of St. Clair County. The 5 circuit | 16 | | judgeships assigned to the 20th circuit shall continue to be | 17 | | elected at-large, and the 3 resident judges shall be elected | 18 | | at-large at the first general election following the | 19 | | expiration of a term of office. As used in this subsection, a | 20 | | vacancy does not include the expiration of a term of an | 21 | | at-large judge or of a resident judge who intends to seek | 22 | | retention in that office at the next term. | 23 | | (d) The one resident judgeship elected from Monroe County | 24 | | before the 2022 general election shall become a resident judge | 25 | | in Monroe County in the 24th circuit on December 5, 2022, the | 26 | | one resident judgeship elected from Randolph County before the |
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| 1 | | 2022 general election shall become a resident judge in | 2 | | Randolph County in the 24th circuit on December 5, 2022, the | 3 | | one resident judgeship elected from Perry County before the | 4 | | 2022 general election shall become a resident judge in Perry | 5 | | County in the 24th circuit on December 5, 2022, and the one | 6 | | resident judgeship elected from Washington County before the | 7 | | 2022 general election shall become a resident judge in | 8 | | Washington County in the 24th circuit on December 5, 2022. | 9 | | (e) On December 5, 2022, the Supreme Court shall allocate | 10 | | the associate judgeships of the 20th circuit before that date | 11 | | between the 20th and 24th circuits based on the residency of | 12 | | the associate judges. Any vacancies in associate judgeships | 13 | | shall be filled in accordance with the Associate Judges Act. | 14 | | (f) On December 5, 2022, the Supreme Court shall allocate | 15 | | personnel, books, records, documents, real and personal | 16 | | property, funds, assets, liabilities, and pending matters | 17 | | concerning the 20th circuit before that date between the 20th | 18 | | and 24th circuits based on the population and staffing needs | 19 | | of those circuits and the efficient and proper administration | 20 | | of the judicial system. The rights of employees under | 21 | | applicable collective bargaining agreements are not affected | 22 | | by this amendatory Act of the 102nd General Assembly. | 23 | | (g) The judgeships set forth in this Section include the | 24 | | judgeships authorized under Section 2c. | 25 | | (705 ILCS 35/37 new) |
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| 1 | | Sec. 37. Currently serving circuit judges. Nothing in this | 2 | | amendatory Act of the 102nd General Assembly shall affect the | 3 | | tenure of any circuit judge serving on the effective date of | 4 | | this amendatory Act. No circuit judge serving on the effective | 5 | | date of this amendatory Act of the 102nd General Assembly | 6 | | shall be required to change his or her residency in order to | 7 | | continue serving in office or to seek retention in office. Any | 8 | | circuit judge elected to that office prior to the effective | 9 | | date of this amendatory Act of the 102nd General Assembly who | 10 | | files to run for retention after the effective date of this | 11 | | amendatory Act shall have the right to seek retention in the | 12 | | circuit the judge was elected from or to seek retention in the | 13 | | circuit created by this amendatory Act. The Secretary of | 14 | | State, not less than 63 days before the election, shall | 15 | | certify the judge's candidacy to the proper election | 16 | | officials. | 17 | | Section 10. The Judicial Vacancies Act is amended by | 18 | | changing Section 2 as follows:
| 19 | | (705 ILCS 40/2) (from Ch. 37, par. 72.42)
| 20 | | Sec. 2. (a) Except as provided in paragraphs (1),
(2), | 21 | | (3), (4), and (5) of this subsection (a),
vacancies in the | 22 | | office of a resident circuit judge in any county or in any
unit | 23 | | or subcircuit of any circuit shall not be filled.
| 24 | | (1) If in any county of less than 45,000 inhabitants |
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| 1 | | there remains
in office no other resident judge following | 2 | | the occurrence of a vacancy,
such vacancy shall be filled.
| 3 | | (2) If in any county of 45,000 or more but less than | 4 | | 60,000
inhabitants there remains in office only one | 5 | | resident judge following
the occurrence of a vacancy, such | 6 | | vacancy shall be filled.
| 7 | | (3) If in any county of 60,000 or more inhabitants, | 8 | | other than the
County of Cook or as provided in paragraph | 9 | | (5), there remain in office no
more than 2 resident judges
| 10 | | following the occurrence of a vacancy, such vacancy shall | 11 | | be filled.
| 12 | | (4) The County of Cook shall have 165 resident judges | 13 | | on
and after the effective date of this amendatory Act of | 14 | | 1990. Of those
resident judgeships, (i) 56 shall be those | 15 | | authorized before the effective
date of this amendatory | 16 | | Act of 1990 from the unit of the Circuit of Cook
County | 17 | | within Chicago, (ii) 27 shall be those authorized before | 18 | | the
effective date of this amendatory Act of 1990 from the | 19 | | unit of the Circuit
of Cook County outside Chicago, (iii) | 20 | | 12 shall be additional resident
judgeships first elected | 21 | | at the general election in November of 1992,
(iv) 10 shall | 22 | | be additional resident judgeships first elected at the
| 23 | | general election in November of 1994, and (v) 60 shall be | 24 | | additional
resident judgeships to be authorized
one each | 25 | | for each
reduction upon vacancy in the office of associate | 26 | | judge in the Circuit of
Cook County as those vacancies
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| 1 | | exist or occur on and after the effective date of this | 2 | | amendatory Act of
1990 and as those vacancies are
| 3 | | determined under subsection (b) of Section 2 of the | 4 | | Associate Judges Act
until the total
resident judgeships | 5 | | authorized under this item (v) is 60. Seven of the 12
| 6 | | additional resident judgeships provided in item (iii)
may | 7 | | be filled by appointment by the Supreme Court during the
| 8 | | period beginning on the effective date of this amendatory | 9 | | Act of 1990 and
ending 60 days before the primary election | 10 | | in March of 1992; those judicial
appointees shall serve | 11 | | until the first Monday in December of 1992. Five
of the 12 | 12 | | additional resident judgeships provided in item (iii) may | 13 | | be
filled by appointment by the Supreme Court during the | 14 | | period beginning July
1, 1991 and ending 60 days before | 15 | | the primary election in March of 1992;
those judicial | 16 | | appointees shall serve until the first Monday in December | 17 | | of
1992. Five of the 10 additional resident judgeships | 18 | | provided in item (iv)
may be filled by appointment by the | 19 | | Supreme Court during the period
beginning July 1, 1992 and | 20 | | ending 60 days before the primary election in
March of | 21 | | 1994; those judicial appointees shall serve until the | 22 | | first Monday
in December of 1994. The remaining 5 of the 10 | 23 | | additional resident
judgeships provided in item (iv) may | 24 | | be filled by appointment by the
Supreme Court during the | 25 | | period beginning July 1, 1993 and ending 60 days
before | 26 | | the primary election in March of 1994; those judicial |
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| 1 | | appointees
shall serve until the first Monday in December | 2 | | 1994. The additional
resident judgeships created upon | 3 | | vacancy in the office of associate judge
provided in item | 4 | | (v) may be filled by appointment by the Supreme Court
| 5 | | beginning on the effective date of this amendatory Act of | 6 | | 1990; but no
additional resident judgeships created upon | 7 | | vacancy in the office of
associate judge provided in item | 8 | | (v) shall be filled during the 59 day
period before the | 9 | | next primary election to nominate judges.
The Circuit of | 10 | | Cook County shall be
divided into units to be known as | 11 | | subcircuits as provided in Section 2f of
the Circuit | 12 | | Courts Act.
A vacancy in the office of resident judge of | 13 | | the
Circuit of Cook County existing on or occurring on or | 14 | | after the effective
date of this amendatory Act of 1990, | 15 | | but before the date the subcircuits
are created by law, | 16 | | shall be filled by appointment by the Supreme Court
from | 17 | | the unit within Chicago or the
unit outside Chicago, as | 18 | | the case may be, in which the vacancy occurs and
filled by | 19 | | election from the subcircuit to which it is allotted under
| 20 | | Section 2f of the Circuit Courts Act. A
vacancy in the | 21 | | office
of resident judge of the
Circuit of Cook County | 22 | | existing on or occurring on or after the
date the | 23 | | subcircuits are created by law
shall be
filled by | 24 | | appointment by the Supreme Court and by election from the | 25 | | subcircuit
to
which it is allotted under Section 2f of the | 26 | | Circuit Courts Act.
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| 1 | | (5) Notwithstanding paragraphs (1), (2), and (3) of | 2 | | this subsection (a), resident judges in the 12th, 16th, | 3 | | 17th, 19th, 22nd, and 23rd , and 24th
judicial circuits
are | 4 | | as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, | 5 | | 2f-9, and 2f-10 , and 2f-12 of
the Circuit
Courts Act.
| 6 | | (b) Nothing in paragraphs (2) or (3) of subsection (a) of | 7 | | this
Section shall be construed
to require or permit in any | 8 | | county a greater number of resident judges
than there were | 9 | | resident associate judges on January 1, 1967.
| 10 | | (c) Vacancies authorized to be filled by this Section 2 | 11 | | shall be filled
in the manner provided in Article VI of the | 12 | | Constitution.
| 13 | | (d) A person appointed to fill a vacancy in the office of | 14 | | circuit judge
shall be, at the time of appointment, a resident | 15 | | of the subcircuit from which
the person whose vacancy is
being | 16 | | filled was elected if the vacancy occurred in a circuit | 17 | | divided into
subcircuits. If a vacancy
in the office of | 18 | | circuit judge occurred in a circuit not divided into
| 19 | | subcircuits, a person appointed to fill the vacancy shall be, | 20 | | at the time of
appointment, a resident of the
circuit from | 21 | | which the person whose vacancy is being filled was elected.
| 22 | | Except as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, | 23 | | and 2f-9
of the
Circuit Courts
Act, if a
vacancy occurred in | 24 | | the office of a resident circuit judge, a person appointed
to
| 25 | | fill the vacancy shall be, at the time of appointment, a | 26 | | resident of the county
from which the person whose
vacancy is |
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| 1 | | being filled was elected.
| 2 | | (Source: P.A. 98-744, eff. 7-16-14.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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