HB4226sam001 103RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/23/2024

 

 


 

 


 
10300HB4226sam001LRB103 33243 JRC 73912 a

1
AMENDMENT TO HOUSE BILL 4226

2    AMENDMENT NO. ______. Amend House Bill 4226 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Circuit Courts Act is amended by changing
5Section 2f as follows:
 
6    (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
7    Sec. 2f. Circuit of Cook County.
8    (a) Until December 2, 2024, the Circuit of Cook County
9shall be divided into 15 units to be known as subcircuits. On
10and after December 2, 2024, the Circuit of Cook County is
11divided into 20 subcircuits as drawn by the General Assembly.
12The subcircuits shall be compact, contiguous, and
13substantially equal in population. Beginning in 2031, the
14General Assembly shall, in the year following each federal
15decennial census, redraw the boundaries of the subcircuits to
16reflect the results of the most recent federal decennial

 

 

10300HB4226sam001- 2 -LRB103 33243 JRC 73912 a

1census.
2    In accordance with subsection (d), a resident judgeship
3assigned to a subcircuit shall continue to be assigned to that
4subcircuit. Any vacancy in a resident judgeship existing on or
5occurring after the effective date of a law redrawing the
6boundaries of the subcircuits shall be filled by a resident of
7the redrawn subcircuit.
8    (b) The 165 resident judges to be elected from the Circuit
9of Cook County shall be determined under paragraph (4) of
10subsection (a) of Section 2 of the Judicial Vacancies Act.
11    (c) For resident judgeships to be filled by election on or
12before the 2022 general election, the Supreme Court shall
13allot (i) the additional resident judgeships provided by
14paragraph (4) of subsection (a) of Section 2 of the Judicial
15Vacancies Act and (ii) all vacancies in resident judgeships
16existing on or occurring on or after the effective date of this
17amendatory Act of 1990, with respect to the other resident
18judgeships of the Circuit of Cook County, for election from
19the various subcircuits until there are 11 resident judges to
20be elected from each of the 15 subcircuits (for a total of
21165). A resident judgeship authorized before the effective
22date of this amendatory Act of 1990 that became vacant and was
23filled by appointment by the Supreme Court before that
24effective date shall be filled by election at the general
25election in November of 1992 from the unit of the Circuit of
26Cook County within Chicago or the unit of that Circuit outside

 

 

10300HB4226sam001- 3 -LRB103 33243 JRC 73912 a

1Chicago, as the case may be, in which the vacancy occurred.
2    (d) As soon as practicable after the subcircuits are
3created by law, the Supreme Court shall determine by lot a
4numerical order for the 15 subcircuits. That numerical order
5shall be the basis for the order in which resident judgeships
6are assigned to the subcircuits. After the first round of
7assignments, the second and all later rounds shall be based on
8the same numerical order. Once a resident judgeship is
9assigned to a subcircuit, it shall continue to be assigned to
10that subcircuit for all purposes; provided that a resident
11judge elected from a subcircuit seeking retention shall run
12for retention at large in the circuit in accordance with
13Article VI, Section 12(d) of the Illinois Constitution. No
14elected judge of the Circuit of Cook County serving on January
157, 2022 shall be required to change his or her residency in
16order to continue serving in office or to seek retention in
17office as resident judgeships are allotted by the Supreme
18Court in accordance with this Section.
19    (d-5) For resident judgeships to be filled by election on
20or after the 2024 general election, a vacancy of a resident
21judgeship to be elected from a subcircuit shall be allotted by
22the Supreme Court to the subcircuit created under the Judicial
23Circuits Districting Act of 2022 that numerically corresponds
24to the subcircuit from which the resident judgeship was
25previously allotted. For any resident judgeship to be elected
26from a subcircuit that was not previously allotted to a

 

 

10300HB4226sam001- 4 -LRB103 33243 JRC 73912 a

1subcircuit, vacancies shall be allotted in numerical order to
2subcircuits created under the Judicial Circuits Districting
3Act of 2022 which numerically correspond to subcircuits that
4had less than 11 resident judges on January 7, 2022 until there
5are 11 resident judges to be elected from each of the
6respective subcircuits. Vacancies in associate judgeships
7authorized under Section 2(a) of the Associate Judges Act
8occurring or after June 1, 2023 shall be converted to resident
9circuit judgeships and shall be allotted in numerical order to
10subcircuits Any vacancies in formerly associate judgeships
11converted to resident circuit judgeships in the Circuit of
12Cook County occurring on or after June 1, 2023 shall be
13allotted in numerical order to Judicial Subcircuits 16, 17,
1418, 19, and 20, until there are 11 resident judges to be
15elected from each of those subcircuits (for a total of 55).
16Beginning with the 2024 election cycle, the The maximum number
17of formerly associate judgeship vacancies which shall be
18judgeships converted to resident circuit judgeships to which
19may be allotted to Judicial Subcircuits 16, 17, 18, 19, and 20
20in an election cycle shall be 10 resident circuit 2
21judgeships, with each subcircuit allotted no more than 2
22resident circuit judgeships per election cycle. Any additional
23associate judgeship vacancies in excess of the maximum number
24per election cycle shall not be converted to resident circuit
25judgeships and shall be filled according to Supreme Court Rule
2639 until such time that a vacancy in the associate judgeship

 

 

10300HB4226sam001- 5 -LRB103 33243 JRC 73912 a

1occurs. A vacancy occurs when an associate judge dies,
2resigns, retires, is removed, or is not reappointed upon the
3expiration of his or her term; a vacancy does not occur at the
4expiration of a term if the associate judge is reappointed. As
5used in this subsection, "election cycle" means the period
6that begins on the day following the last day to certify
7judicial vacancies for election at the next general election
8and ends on the last day to certify judicial vacancies for
9election at the next general election, as provided in Section
1025-3 of the Election Code subcircuit.
11    (e) A resident judge elected from a subcircuit shall
12continue to reside in that subcircuit as long as he or she
13holds that office. A resident judge elected from a subcircuit
14after January 1, 2008, must retain residency as a registered
15voter in the subcircuit to run for retention from the circuit
16at large thereafter.
17(Source: P.A. 101-477, eff. 6-1-20; 102-668, eff. 11-15-21;
18102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
 
19    Section 10. The Associate Judges Act is amended by
20changing Section 2 as follows:
 
21    (705 ILCS 45/2)  (from Ch. 37, par. 160.2)
22    Sec. 2. (a) The maximum number of associate judges
23authorized for each circuit is the greater of the applicable
24minimum number specified in this Section or one for each

 

 

10300HB4226sam001- 6 -LRB103 33243 JRC 73912 a

135,000 or fraction thereof in population as determined by the
2last preceding Federal census, except for circuits with a
3population of more than 3,000,000 where the maximum number of
4associate judges is one for each 29,000 or fraction thereof in
5population as determined by the last preceding federal census,
6reduced in circuits of less than 200,000 inhabitants by the
7number of resident circuit judges elected in the circuit in
8excess of one per county, except that the maximum number of
9associate judges authorized for the 24th circuit shall be 3.
10In addition, in circuits of 1,000,000 or more inhabitants,
11there shall be one additional associate judge authorized for
12each municipal district of the circuit court. The number of
13associate judges to be appointed in each circuit, not to
14exceed the maximum authorized, shall be determined from time
15to time by the Circuit Court. The minimum number of associate
16judges authorized for any circuit consisting of a single
17county shall be 14, except that the minimum in the 22nd circuit
18shall be 8, the minimum in the 19th circuit on and after
19December 4, 2006 shall be 20, and the maximum number of
20associate judges in the 20th circuit on and after December 5,
212022 shall be 12. The minimum number of associate judges
22authorized for any circuit consisting of 2 counties with a
23combined population of at least 275,000 but less than 300,000
24shall be 10. The minimum number of associate judges authorized
25for any circuit with a population of at least 303,000 but not
26more than 309,000 shall be 10. The minimum number of associate

 

 

10300HB4226sam001- 7 -LRB103 33243 JRC 73912 a

1judges authorized for any circuit with a population of at
2least 329,000, but not more than 349,999 shall be 11. The
3minimum number of associate judges authorized for any circuit
4with a population of at least 173,000 shall be 5. The number of
5associate judges authorized for a circuit shall not be reduced
6as a result of the 2020 federal decennial census. As used in
7this Section, the term "resident circuit judge" has the
8meaning given it in the Judicial Vacancies Act.
9    (b) The maximum number of associate judges authorized
10under subsection (a) for a circuit with a population of more
11than 3,000,000 shall be reduced as provided in this subsection
12(b). For each vacancy that exists on or occurs on or after the
13effective date of this amendatory Act of 1990, that maximum
14number shall be reduced by one until the total number of
15associate judges authorized under subsection (a) is reduced by
1660. A vacancy exists or occurs when an associate judge dies,
17resigns, retires, is removed, or is not reappointed upon
18expiration of his or her term; a vacancy does not exist or
19occur at the expiration of a term if the associate judge is
20reappointed.
21    (b-5) The maximum number of associate judges authorized
22under subsection (a) for a circuit with a population of more
23than 3,000,000 shall be reduced as provided in this subsection
24(b-5). Vacancies in associate judgeships authorized under
25subsection (a) occurring on or after June 1, 2023 shall be
26converted to resident circuit judgeships and shall be allotted

 

 

10300HB4226sam001- 8 -LRB103 33243 JRC 73912 a

1in numerical order to subcircuits 16, 17, 18, 19, and 20 Each
2associate judgeship vacancy that occurs on or after June 1,
32023 shall be converted to a resident circuit judgeship and
4allotted to a subcircuit pursuant to subsection (d-5) of
5Section 2f of the Circuit Courts Act, with each subcircuit
6allotted no more than a total of 11 resident circuit
7judgeships. Each election cycle, beginning with the 2024
8election cycle, a maximum of 10 associate judgeship vacancies
9shall be converted to resident circuit judgeships pursuant to
10subsection (d-5) of Section 2f of the Circuit Courts Act and
11that maximum number shall be reduced by one until the total
12number of associate judges authorized under subsection (a) is
13reduced by 55. The maximum number of formerly associate
14judgeships which may be converted to resident circuit
15judgeships and which may be allotted to subcircuits 16, 17,
1618, 19, and 20 in an election cycle shall be 10 2 judgeships
17with each per subcircuit being allotted no more than 2
18resident circuit judgeships per election cycle. Any additional
19associate judgeship vacancies in excess of the maximum number
20per election cycle shall not be converted to resident circuit
21judgeships and shall be filled according to Supreme Court Rule
2239 until such time that a vacancy in the associate judgeship
23occurs. A vacancy occurs when an associate judge dies,
24resigns, retires, is removed, or is not reappointed upon
25expiration of his or her term; a vacancy does not occur at the
26expiration of a term if the associate judge is reappointed. As

 

 

10300HB4226sam001- 9 -LRB103 33243 JRC 73912 a

1used in this subsection, "election cycle" means the period
2that begins on the day following the last day to certify
3judicial vacancies for election at the next general election
4and ends on the last day to certify judicial vacancies for
5election at the next general election, as provided in Section
625-3 of the Election Code.
7    (c) The maximum number of associate judges authorized
8under subsection (a) for the 17th judicial circuit shall be
9reduced as provided in this subsection (c). Due to the vacancy
10that exists on or after the effective date of this amendatory
11Act of the 93rd General Assembly in the associate judgeship
12that is converted into a resident judgeship under subsection
13(a-10) of Section 2f-6 of the Circuit Courts Act, the maximum
14number of judges authorized under subsection (a) of this
15Section shall be reduced by one. A vacancy exists or occurs
16when an associate judge dies, resigns, retires, is removed, or
17is not reappointed upon expiration of his or her term; a
18vacancy does not exist or occur at the expiration of a term if
19the associate judge is reappointed.
20    (d) The maximum number of associate judges authorized
21under subsection (a) for the 23rd judicial circuit shall be
22reduced as provided in this subsection (d). Due to the vacancy
23that exists on or after the effective date of this amendatory
24Act of the 98th General Assembly in the associate judgeship
25that is converted into a resident judgeship under subsection
26(k) of Section 2f-10 of the Circuit Courts Act, the maximum

 

 

10300HB4226sam001- 10 -LRB103 33243 JRC 73912 a

1number of judges authorized under subsection (a) of this
2Section shall be reduced by one.
3(Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
 
4    Section 15. The Court Reporters Act is amended by changing
5Section 7 as follows:
 
6    (705 ILCS 70/7)  (from Ch. 37, par. 657)
7    Sec. 7. Proficiency tests. Each court reporter may be
8required by the chief judge to shall take a test to verify his
9or her proficiency within one year of employment. The test
10shall be prepared and administered by the employer
11representative in consultation with each of the other employer
12representatives pursuant to standards set by rules. A
13proficiency test passed prior to employment may be accepted by
14the chief judge as proof of proficiency.
15(Source: P.A. 101-581, eff. 1-1-20.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".