Illinois General Assembly - Illinois Compiled Statutes

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10 ILCS 5/2A-9

(10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9)

(Text of Section WITH the changes made by P.A. 89-719, which has been
held unconstitutional)

Sec. 2A-9.

Supreme, Appellate and Circuit Judges.

(a) Except as otherwise provided in subsection (a-5), if one of the
following events occurs 92 or more days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December of the next even-numbered
year:

(1) the judge dies;

(2) the Chief Justice receives a written resignation

or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;

(3) a statute mandates the judge's retirement for

reason of age on or before the first Monday in December of the next even-numbered year;

(4) the judge was eligible to seek retention in the

next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;

(5) the judge is convicted of a felony or other

infamous crime;

(6) the judge is removed from office.

Except as otherwise provided in subsection (a-5), if one of the preceding
events occurs less than 92 days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December following the second
general election thereafter.

(a-5) If a vacancy occurs in the office of Supreme Court Judge, including
one of the events described in subsection (a) or a
vacancy occurring because of the failure of the Judge to be retained in office,
the Governor shall issue writs of election to fill that vacancy in a manner
provided in this subsection.  The
Governor shall issue a writ of election within 5 days after the occurrence of
that vacancy to the county clerks of the several counties in the Judicial
District where the vacancy exists, appointing a day within 115 days to hold a
judicial election to fill such vacancy.  The Governor shall issue a writ of
election to hold a judicial primary election to nominate candidates for the
office of Supreme Court Judge at least 30 days preceding the judicial election.
 A Supreme Court Judge elected under this subsection (a-5) shall begin his or
her term upon certification of his or her election by the State Board of
Elections.  If the vacancy occurred 92 or more days before a general primary
election at
which judges are to be nominated, a Supreme
Court Judge elected to fill a vacancy under this subsection (a-5)
shall hold his or her office until the first Monday in December following the
next general election, at which general election a Supreme Court Judge shall be
elected for a full term.
If the vacancy occurred less than 92 days before a general primary election at
which judges are to be nominated, a Supreme Court Judge elected to fill a
vacancy under this subsection (a-5) shall hold his or her office until the
first Monday in December following the second general election thereafter, at
which general election a Supreme Court Judge shall be elected for a full
term.

(b) Judges of the Appellate and Circuit Courts shall be elected in their
respective districts or circuits at the general election of each
even-numbered year immediately preceding the expiration of the term of
each incumbent judge, not retained, and shall enter upon the duties of
their offices on the first Monday of December after their election.

(c) Whenever an additional appellate or Circuit Judge is authorized by
law, the office shall be filled in the manner
provided for filling a vacancy in that office.

(Source: P.A. 89-719, eff. 3-7-97.)

(Text of Section WITHOUT the changes made by P.A. 89-719, which has been
held unconstitutional)