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90_HC0010
ILCON Art. VI, Sec. 7
ILCON Art. VI, Sec. 8
ILCON Art. VI, Sec. 12
ILCON Art. VI, Sec. 12.1 new
ILCON Art. VI, Sec. 12.2 new
ILCON Art. VI, Sec. 12.3 new
ILCON Art. VI, Sec. 12.4 new
ILCON Art. VI, Sec. 12.5 new
Proposes to amend the Judiciary Article of the Illinois
Constitution. Provides for the appointment of Supreme and
Appellate Court Judges, and Circuit Judges in the First
Judicial District and circuits adopting merit selection by
referendum, by the Governor from nominees submitted by
Judicial Nominating Commissions. Permits other Judicial
Circuits to adopt by referendum a plan for merit selection of
Circuit Judges. Provides that Judicial Review Commissions
shall be established to decide whether appointed Judges shall
be retained. Provides for Associate Judges to be phased out
in the First Judicial District and in circuits adopting merit
selection. Makes other changes. Effective upon approval by
the electors.
LRB9003928KDks
LRB9003928KDks
1 HOUSE JOINT RESOLUTION
2 CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE CONCURRING HEREIN, that there shall be submitted to
6 the electors of the State for adoption or rejection at the
7 general election next occurring at least 6 months after the
8 adoption of this resolution a proposition to amend Article VI
9 of the Illinois Constitution by changing Sections 7, 8, and
10 12 and adding Sections 12.1, 12.2, 12.3, 12.4, and 12.5 as
11 follows:
12 ARTICLE VI
13 THE JUDICIARY
14 (ILCON Art. VI, Sec. 7)
15 SECTION 7. JUDICIAL CIRCUITS
16 (a) The State shall be divided into Judicial Circuits
17 consisting of one or more counties. The First Judicial
18 District shall constitute a Judicial Circuit. The Judicial
19 Circuits within the other Judicial Districts shall be as
20 provided by law. Circuits composed of more than one county
21 shall be compact and of contiguous counties. The General
22 Assembly by law may provide for the division of a circuit for
23 the purpose of selection of Circuit Judges and for the
24 selection of Circuit Judges from the circuit at large.
25 (b) Each Judicial Circuit shall have one Circuit Court
26 with such number of Circuit Judges as provided by law. Unless
27 otherwise provided by law, there shall be at least one
28 Circuit Judge from each county. In the First Judicial
29 District, unless otherwise provided by law, Cook County,
30 Chicago, and the area outside Chicago shall be separate units
31 for the selection of Circuit Judges, with at least twelve
32 chosen at large from the area outside Chicago and at least
33 thirty-six chosen at large from Chicago.
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1 (c) Circuit Judges in each circuit shall select by
2 secret ballot a Chief Judge from their number to serve at
3 their pleasure. Subject to the authority of the Supreme
4 Court, the Chief Judge shall have general administrative
5 authority over his court, including authority to provide for
6 divisions, general or specialized, and for appropriate times
7 and places of holding court.
8 (Source: Illinois Constitution.)
9 (ILCON Art. VI, Sec. 8)
10 SECTION 8. ASSOCIATE JUDGES
11 Each Circuit Court shall have such number of Associate
12 Judges as provided by law. In the First Judicial District and
13 in each Judicial Circuit that adopts Sections 12.1 and 12.3
14 by a local option referendum under Section 12.2, no new
15 Associate Judges shall be appointed, but existing Associate
16 Judges shall be eligible for reappointment by the Circuit
17 Judges in each circuit as the Supreme Court shall provide by
18 rule; otherwise Associate Judges shall be appointed by the
19 Circuit Judges in each circuit as the Supreme Court shall
20 provide by rule. In the First Judicial District, unless
21 otherwise provided by law, at least one-fourth of the
22 Associate Judges shall be appointed from, and reside, outside
23 Chicago. The Supreme Court shall provide by rule for matters
24 to be assigned to Associate Judges.
25 (Source: Illinois Constitution.)
26 (ILCON Art. VI, Sec. 12)
27 SECTION 12. ELECTION OF CIRCUIT JUDGES AND RETENTION
28 (a) In the First Judicial District and in Judicial
29 Circuits that adopt Sections 12.1 and 12.3 by a local option
30 referendum under Section 12.2, Circuit Judges shall be
31 selected in the manner provided by those Sections, unless
32 that manner of selection is terminated by referendum under
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1 Section 12.2; otherwise, Circuit Judges shall be elected in
2 the manner provided by this Section.
3 (b) Supreme, Appellate and Circuit Judges shall be
4 nominated at primary elections or by petition and . Judges
5 shall be elected at general or judicial elections as provided
6 the General Assembly shall provide by law. A person eligible
7 for the office of Circuit Judge may cause his or her name to
8 appear on the ballot as a candidate for Circuit Judge at the
9 primary and at the general or judicial elections by
10 submitting petitions. The General Assembly shall prescribe by
11 law the requirements for petitions. A Circuit Judge elected
12 to office under this subsection (b) may stand for retention
13 for a full term under Section 12.4.
14 (c) (b) The office of a Circuit Judge shall be vacant
15 upon the incumbent's his death, resignation, retirement, or
16 removal, or upon the conclusion of a his term without
17 retention in office, or . whenever an additional Appellate or
18 Circuit Judge is authorized by law, the office shall be
19 filled in the manner provided for filling a vacancy in that
20 office.
21 (d) (c) A vacancy occurring in the office of Supreme,
22 Appellate or Circuit Judge shall be filled as the General
23 Assembly may provide by law or, . in the absence of a law,
24 vacancies may be filled by appointment by the Supreme Court.
25 A person appointed to fill a vacancy 60 or more days prior to
26 the next primary election to nominate Circuit Judges shall
27 serve until the first Monday in December following vacancy is
28 filled for a term at the next general or judicial election
29 next following the appointment. A person appointed to fill a
30 vacancy less than 60 days prior to the next primary election
31 to nominate Circuit Judges shall serve until the the first
32 Monday in December following vacancy is filled at the second
33 general or judicial election following such appointment.
34 (d) Not less than six months before the general election
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1 preceding the expiration of his term of office, a Supreme,
2 Appellate or Circuit Judge who has been elected to that
3 office may file in the office of the Secretary of State a
4 declaration of candidacy to succeed himself. The Secretary of
5 State, not less than 63 days before the election, shall
6 certify the Judge's candidacy to the proper election
7 officials. The names of Judges seeking retention shall be
8 submitted to the electors, separately and without party
9 designation, on the sole question whether each Judge shall be
10 retained in office for another term. The retention elections
11 shall be conducted at general elections in the appropriate
12 Judicial District, for Supreme and Appellate Judges, and in
13 the circuit for Circuit Judges. The affirmative vote of
14 three-fifths of the electors voting on the question shall
15 elect the Judge to the office for a term commencing on the
16 first Monday in December following his election.
17 (e) A law reducing the number of Appellate or Circuit
18 Judges shall be without prejudice to the right of the Judges
19 affected to seek retention in office. A reduction shall
20 become effective when a vacancy occurs in the affected unit.
21 (Source: Illinois Constitution.)
22 (ILCON Art. VI, Sec. 12.1 new)
23 SECTION 12.1. APPOINTMENT OF JUDGES
24 (a) This Section governs the selection of Supreme and
25 Appellate Judges and the selection of Circuit Judges of the
26 First Judicial District and Circuits that adopt this Section
27 and Section 12.3 by a local option referendum under Section
28 12.2. For purposes of this Section and Section 12.4, the
29 term "Judge" includes all Supreme, Appellate, and Circuit
30 Judges selected in accordance with this Section except where
31 a distinction is indicated.
32 (b) Judges shall be appointed by the Governor from
33 nominees submitted by Judicial Nominating Commissions.
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1 (c) The office of a Judge shall be vacant upon the
2 incumbent's death, resignation, retirement, or removal, upon
3 conclusion of a term without retention in office, or whenever
4 an increase in the number of Judges is authorized.
5 (d) As soon as a vacancy occurs in the office of Judge
6 or will occur within 6 months by a day certain, or upon
7 receiving notice from the Governor that all 3 nominees on a
8 list have been rejected, the administrative director of the
9 Illinois courts shall promptly notify the chairperson of the
10 appropriate Judicial Nominating Commission, who shall
11 immediately convene the Commission.
12 (e) Within 42 days after receiving notice from the
13 administrative director of the Illinois courts, the
14 Commission shall submit to the Governor a list of 3 nominees
15 in alphabetical order, who are qualified for review by the
16 Commission. For the purposes of Sections 12.1 through 12.5,
17 "qualified for review by the Commission" means persons who by
18 their character, temperament, professional aptitude,
19 experience, and commitment to equal justice under law are
20 deemed by the Commission to be best qualified to fill the
21 vacancy. The Commission may not include on a list a nominee
22 who is on another list pending before the Governor to fill a
23 vacancy in the same judicial office or who was a nominee on a
24 list rejected by the Governor to fill a vacancy in the same
25 judicial office. No list shall have any effect after the
26 required appointment is made from the list or all 3 nominees
27 on the list are rejected by the Governor.
28 (f) Immediately upon receiving a list, the Governor
29 shall make it public. Not less than 28 nor more than 56 days
30 after receiving a list, the Governor shall appoint from the
31 list a person to fill the vacancy or notify the
32 administrative director of the Illinois courts that all 3
33 nominees on a list have been rejected.
34 (g) In the First Judicial District, half of the
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1 vacancies and new positions on the Circuit Court shall be
2 filled by persons residing anywhere within the District and
3 half shall be filled by persons residing within the divisions
4 of the Circuit provided by law in accordance with subsection
5 (a) of Section 7 of Article VI, if any. The appointments
6 from the divisions, if any, within the Circuit shall be
7 allocated equally among the divisions.
8 (h) A person appointed to fill a vacancy under this
9 Section shall serve an initial term ending on the first
10 Monday in December following the next general election held
11 after the completion of one year in office. At that general
12 election the Judge may stand for retention in office for a
13 full term under Section 12.4.
14 (ILCON Art. VI, Sec. 12.2 new)
15 SECTION 12.2. CIRCUIT LOCAL OPTION REFERENDA
16 (a) The electors of a Judicial Circuit may by a local
17 option referendum adopt a proposition requiring Sections 12.1
18 and 12.3 to govern the selection of Circuit Judges of that
19 Circuit. The electors of a Circuit shall vote on the
20 proposition at the next general election held not less than 3
21 months following the filing of petitions with the Secretary
22 of State, signed by at least 5% of the total number of
23 electors who voted at the next preceding general election in
24 that Circuit, asking that the proposition be submitted to
25 referendum. If a majority of votes cast on the proposition
26 are in the affirmative, Sections 12.1 and 12.3 shall
27 thereafter govern the selection of Circuit Judges of the
28 Circuit Court of that Circuit.
29 (b) After the eighth year following a local option
30 referendum in which the electors of a circuit have adopted
31 Sections 12.1 and 12.3 to govern the selection of Circuit
32 Judges, the electors of the Circuit may terminate, by a local
33 option referendum, their adoption of Sections 12.1 and 12.3.
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1 The referendum shall be subject to the same requirements and
2 shall be conducted in the same manner as a referendum for
3 adoption of Sections 12.1 and 12.3. If a majority of the
4 votes cast on the proposition to terminate are in the
5 affirmative, the selection of Circuit Judges and Associate
6 Judges of that Circuit shall be governed by Sections 12 and
7 8, respectively, unless Sections 12.1 and 12.3 are again
8 adopted under this Section.
9 (c) To provide time for the establishment of District
10 Judicial Nominating Commissions, vacancies occurring in the
11 offices of Supreme and Appellate Judge and, in the First
12 Judicial District, Circuit Judge on or before June 30th
13 following the date this Amendment takes effect shall continue
14 to be filled, using the procedures in Section 12 as it
15 existed before the effective date of this Amendment, for a
16 term ending the first Monday in December after the next
17 general election.
18 (d) To provide time for the establishment of a Circuit
19 Judicial Nominating Commission, vacancies occurring in the
20 offices of Circuit Judge on or before March 31st following
21 the adoption of Sections 12.1 and 12.3 in a local option
22 referendum in a Judicial Circuit shall continue to be filled,
23 using the procedures applicable before the referendum, for a
24 term ending the first Monday in December after the next
25 general election.
26 (ILCON Art. VI, Sec. 12.3 new)
27 SECTION 12.3. JUDICIAL NOMINATING COMMISSIONS
28 (a) There shall be a Judicial Nominating Commission in
29 the First Judicial District for the nomination of Judges for
30 the Supreme, Appellate and Circuit Courts for that District,
31 in each other Judicial District for the nomination of Judges
32 for the Supreme and Appellate Courts for that District, and
33 in each Judicial Circuit that, by a local option referendum,
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1 adopts Section 12.1 and this Section for the nomination of
2 Circuit Judges for that Circuit.
3 (b) Each Judicial Nominating Commission shall consist of
4 12 members who are residents of the appropriate District or
5 Circuit.
6 (c) The President and Minority Leader of the Senate and
7 the Speaker and Minority Leader of the House of
8 Representatives shall each appoint 3 members to each Judicial
9 Nominating Commission. Each appointing authority shall
10 appoint one lawyer and 2 non-lawyers. Each member shall
11 serve for a term of 6 years, except that the 3 initial
12 members appointed by each appointing authority shall serve
13 terms of 2, 4, and 6 years as designated by the appointing
14 authority. Vacancies shall be filled for the unexpired term
15 by the appointing authority who appointed the member whose
16 office is then vacant. "Appointing authority" means the
17 office, not the individual or political party affiliation of
18 the individual who may hold that office from time to time.
19 (d) The chairperson of each Judicial Nominating
20 Commission shall be selected by vote of all the members of
21 the Commission. The term of a chairperson shall be for 3
22 years unless his or her remaining term as a member of the
23 Commission expires sooner.
24 (e) A person who holds an office under the United States
25 or this State or a unit of local government or school
26 district and receives compensation for services rendered in
27 that office or who holds any office or official position in a
28 political party is ineligible to serve on a Judicial
29 Nominating Commission. Compensation for service in the
30 State militia or the armed services of the United States for
31 a period of time to be determined by the Supreme Court by
32 rule shall not be considered a disqualification. No member
33 of a Judicial Nominating Commission may be appointed to
34 judicial office while serving on the Commission or for a
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1 period of 3 years after his or her service on a Commission
2 has ended.
3 (f) A member who has served a full term of 6 years on a
4 Judicial Nominating Commission may not serve on a Commission
5 during the next 3 years. No person may serve on more than
6 one Judicial Nominating Commission at the same time.
7 (g) A Commission may conduct investigations, meetings,
8 and hearings, all of which may be secret, and employ staff
9 members that may be necessary to perform the Commission's
10 duties. Members of Commissions shall not receive any
11 compensation for their services, but shall be entitled to
12 reimbursement for necessary expenses. The General Assembly
13 shall appropriate funds to the Supreme Court for
14 reimbursement of those expenses and for all other
15 administrative expenses of the Commissions.
16 (h) Nominations shall be submitted to the Governor only
17 upon concurrence of not less than two-thirds of all members
18 of the Commission.
19 (i) All lawyer and non-lawyer members of each Judicial
20 Nominating Commission shall be subject to ethics and economic
21 disclosure requirements as provided by law.
22 (ILCON Art. VI, Sec. 12.4 new)
23 SECTION 12.4. RETENTION ELECTIONS
24 (a) Not less than 6 months before the general election
25 next preceding the expiration of the term of office of (i) a
26 Supreme, Appellate, or Circuit Judge who was elected to that
27 office or (ii) a Supreme, Appellate, or Circuit Judge who was
28 appointed to that office under Section 12.1, he or she may
29 file in the office of the Secretary of State a declaration of
30 candidacy for retention in that office for a full term. Not
31 less than 63 days before the election, the Secretary of State
32 shall certify the Judge's candidacy to the proper election
33 officials. At the election the name of each Judge who has
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1 timely filed a declaration of candidacy for retention (except
2 each Supreme, Appellate, and Circuit Judge who, under Section
3 12.5, has been found qualified for review by the Commission
4 and qualified to serve for the succeeding term) shall be
5 submitted to the electors, separately and without party
6 designation, on the sole question of retention in office for
7 another term. Retention elections shall be conducted at
8 general elections in the appropriate Judicial Districts and
9 Circuits. The affirmative vote of three-fifths of the
10 electors voting on the question of retention shall elect a
11 Judge to that office for a full term commencing on the first
12 Monday in December following the election.
13 (b) A Judge eligible to file a declaration of candidacy
14 for retention who fails to do so within the time specified in
15 subsection (a) or, having filed, fails to be retained shall
16 vacate the office on the first Monday in December following
17 the election, whether or not a successor has yet qualified.
18 If an incumbent Judge, eligible to do so, does not timely
19 file a declaration of candidacy for retention, the selection
20 of a successor, if any, shall proceed immediately in the
21 manner provided in Section 12 or 12.1, whichever applies, so
22 that the successor may take office as soon as a vacancy
23 occurs.
24 (c) An authorized reduction in the number of Judges
25 shall be without prejudice to the right of Judges in office
26 at the time to seek retention in accordance with this
27 Section. The reduction shall become effective when a vacancy
28 occurs in the affected unit.
29 (ILCON Art. VI, Sec. 12.5 new)
30 SECTION 12.5. JUDICIAL REVIEW COMMISSIONS
31 (a) In the First Judicial District, in each other
32 Judicial District, and in each Judicial Circuit that, by
33 local option referendum, has adopted Sections 12.1 and 12.3
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1 for selection of Circuit Judges for that circuit, a Judicial
2 Review Commission shall be created and empowered to determine
3 qualification for retention of appointed Supreme, Appellate,
4 and Circuit Judges.
5 (b) The members of a Judicial Review Commission shall be
6 appointed in the manner specified in subsection (c) of
7 Section 12.3 for appointment or election of members of a
8 Judicial Nominating Commission.
9 (c) The terms of all members of a Judicial Review
10 Commission shall begin 6 months before the general election
11 in each year in which a general election is held and shall
12 expire on the first Monday in November of the same year.
13 Appointments to a Judicial Review Commission may not take
14 place earlier than 45 days before the term is to commence.
15 (d) A vacancy in the membership of a Judicial Review
16 Commission shall be promptly filled as provided in subsection
17 (c) of Section 12.3 with respect to vacancies on a Judicial
18 Nominating Commission.
19 (e) Judicial Review Commissions shall be governed by
20 subsections (b), (d), (e), (g), and (i) of Section 12.3 with
21 respect to Judicial Nominating Commissions as well as by this
22 Section.
23 (f) A person who has served on a Judicial Review
24 Commission may not serve on a Judicial Review Commission
25 until 8 years have elapsed since the date his or her service
26 on a Judicial Review Commission ended. A person who has
27 served on a Judicial Nominating Commission may not serve on a
28 Judicial Review Commission until 8 years have elapsed since
29 the date his or her service on a Judicial Nominating
30 Commission ended. No person may serve on a Judicial
31 Nominating Commission while serving on a Judicial Review
32 Commission.
33 (g) In each Judicial District and in Circuits governed
34 by this Section, for each Supreme, Appellate, and Circuit
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1 Judge who has timely filed a declaration of candidacy for
2 retention in office under Section 12.4, the Secretary of
3 State shall, within 14 days after receipt of the declaration
4 of candidacy, submit the Judge's name to the administrative
5 director of the Illinois courts. Not more than 6 months nor
6 less than 5 months before the general election next preceding
7 the expiration of the term of office of the Judge, the
8 administrative director of the Illinois courts shall notify
9 the chairperson of the appropriate Judicial Review Commission
10 of the Judge's candidacy. The chairperson shall then
11 promptly convene the Commission.
12 (h) If, by concurrence of not less than two-thirds of
13 its members, the Commission finds the candidate to be
14 qualified for review by the Commission and qualified to serve
15 another term, the candidate shall be retained in office for a
16 full term commencing on the first Monday in December
17 following the election. Not less than 84 days before the
18 election, the Commission shall prepare and submit to each
19 candidate its finding as to whether the Commission finds or
20 fails to find that candidate qualified for review by the
21 Commission and qualified to serve for another term. Not less
22 than 77 days before the election the Commission shall submit
23 to the Secretary of State a list stating by name:
24 (i) which candidates it has found qualified to
25 serve another term;
26 (ii) which candidates it has failed to find so
27 qualified; and
28 (iii) which candidates have withdrawn their
29 candidacy by written notification to the Commission.
30 (i) Failure of a candidate to be found qualified for
31 retention by a Judicial Review Commission shall be without
32 prejudice to the candidate's right to stand for retention by
33 the electorate at a general election under Section 12.4.
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1 SCHEDULE
2 This Constitutional Amendment takes effect upon approval
3 by the electors of this State.