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90_HC0016
ILCON Art. VI, Sec. 15
Proposes to amend the Judiciary Article of the Illinois
Constitution regarding the Courts Commission. Makes a
technical change. Effective upon approval by the electors of
this State.
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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 Section 15
9 of Article VI of the Illinois Constitution as follows:
10 ARTICLE VI
11 THE JUDICIARY
12 (ILCON Art. VI, Sec. 15)
13 SECTION 15. RETIREMENT - DISCIPLINE
14 (a) The General Assembly may provide by law for the
15 retirement of Judges and Associate Judges at a prescribed
16 age. Any retired Judge or Associate Judge, with his consent,
17 may be assigned by the Supreme Court to judicial service for
18 which he shall receive the applicable compensation in lieu of
19 retirement benefits. A retired Associate Judge may be
20 assigned only as an Associate Judge.
21 (b) A Judicial Inquiry Board is created. The Supreme
22 Court shall select two Circuit Judges as members and the
23 Governor shall appoint four persons who are not lawyers and
24 three lawyers as members of the Board. No more than two of
25 the lawyers and two of the non-lawyers appointed by the
26 Governor shall be members of the same political party. The
27 terms of Board members shall be four years. A vacancy on the
28 Board shall be filled for a full term in the manner the
29 original appointment was made. No member may serve on the
30 Board more than eight years.
31 (c) The Board shall be convened permanently, with
32 authority to conduct investigations, receive or initiate
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1 complaints concerning a Judge or Associate Judge, and file
2 complaints with the Courts Commission. The Board shall not
3 file a complaint unless five members believe that a
4 reasonable basis exists (1) to charge the Judge or Associate
5 Judge with willful misconduct in office, persistent failure
6 to perform his duties, or other conduct that is prejudicial
7 to the administration of justice or that brings the judicial
8 office into disrepute, or (2) to charge that the Judge or
9 Associate Judge is physically or mentally unable to perform
10 his duties. All proceedings of the Board shall be
11 confidential except the filing of a complaint with the Courts
12 Commission. The Board shall prosecute the complaint.
13 (d) The Board shall adopt rules governing its
14 procedures. It shall have subpoena power and authority to
15 appoint and direct its staff. Members of the Board who are
16 not Judges shall receive per diem compensation and necessary
17 expenses; members who are Judges shall receive necessary
18 expenses only. The General Assembly by law shall appropriate
19 funds for the operation of the Board.
20 (e) A Courts Commission is created consisting of one
21 Supreme Court Judge selected by that Court, who shall be its
22 chairperson chairman, two Appellate Court Judges selected by
23 that Court, and two Circuit Judges selected by the Supreme
24 Court. The Commission shall be convened permanently to hear
25 complaints filed by the Judicial Inquiry Board. The
26 Commission shall have authority after notice and public
27 hearing, (1) to remove from office, suspend without pay,
28 censure or reprimand a Judge or Associate Judge for willful
29 misconduct in office, persistent failure to perform his
30 duties, or other conduct that is prejudicial to the
31 administration of justice or that brings the judicial office
32 into disrepute, or (2) to suspend, with or without pay, or
33 retire a Judge or Associate Judge who is physically or
34 mentally unable to perform his duties.
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1 (f) The concurrence of three members of the Commission
2 shall be necessary for a decision. The decision of the
3 Commission shall be final.
4 (g) The Commission shall adopt rules governing its
5 procedures and shall have power to issue subpoenas. The
6 General Assembly shall provide by law for the expenses of the
7 Commission.
8 (Source: Illinois Constitution.)
9 SCHEDULE
10 This Constitutional Amendment takes effect upon approval
11 by the electors of this State.