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90_SC0056
ILCON Art. VI, Sec. 15
Proposes to amend the Judiciary Article of the Illinois
Constitution. Provides that the Courts Commission shall
consist of 7 members appointed as follows: 2 Appellate Court
Judges appointed by that Court, 2 Circuit Judges appointed by
the Chief Judges of the Judicial Circuits, and 3 citizens
appointed by the Supreme Court. Provides for a like number
of alternates to serve if a member is disqualified. Provides
for 4-year staggered terms. Allows for appeal of Commission
decisions to the Supreme Court or, if a Supreme Court Judge
is subject to discipline, to a Special Panel of Appellate
Court Judges. Both the Judicial Inquiry Board and the Judge
may appeal. Requires the Commission to adopt comprehensive
rules. Makes other changes. Effective upon approval of the
electors.
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1 SENATE JOINT RESOLUTION
2 CONSTITUTIONAL AMENDMENT
3 CONSTITUTIONAL AMENDMENT
4 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
5 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
6 CONCURRING HEREIN, that there shall be submitted to the
7 electors of the State for adoption or rejection at the
8 general election next occurring at least 6 months after the
9 adoption of this resolution a proposition to amend Section 15
10 of Article VI of the Illinois Constitution as follows:
11 ARTICLE VI
12 THE JUDICIARY
13 (ILCON Art. VI, Sec. 15)
14 SECTION 15. RETIREMENT - DISCIPLINE
15 (a) The General Assembly may provide by law for the
16 retirement of Judges and Associate Judges at a prescribed
17 age. Any retired Judge or Associate Judge, with his or her
18 consent, may be assigned by the Supreme Court to judicial
19 service for which he or she shall receive the applicable
20 compensation in lieu of retirement benefits. A retired
21 Associate Judge may be assigned only as an Associate Judge.
22 (b) A Judicial Inquiry Board is created. The Supreme
23 Court shall select two Circuit Judges as members and the
24 Governor shall appoint four persons who are not lawyers and
25 three lawyers as members of the Board. No more than two of
26 the lawyers and two of the non-lawyers appointed by the
27 Governor shall be members of the same political party. The
28 terms of Board members shall be four years. A vacancy on the
29 Board shall be filled for a full term in the manner the
30 original appointment was made. No member may serve on the
31 Board more than eight years.
32 (c) The Board shall be convened permanently, with
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1 authority to conduct investigations, receive or initiate
2 complaints concerning a Judge or Associate Judge, and file
3 complaints with the Courts Commission. The Board shall not
4 file a complaint unless five members believe that a
5 reasonable basis exists (1) to charge the Judge or Associate
6 Judge with willful misconduct in office, persistent failure
7 to perform his duties, or other conduct that is prejudicial
8 to the administration of justice or that brings the judicial
9 office into disrepute, or (2) to charge that the Judge or
10 Associate Judge is physically or mentally unable to perform
11 his duties. All proceedings of the Board shall be
12 confidential except the filing of a complaint with the Courts
13 Commission. The Board shall prosecute the complaint.
14 (d) The Board shall adopt rules governing its
15 procedures. It shall have subpoena power and authority to
16 appoint and direct its staff. Members of the Board who are
17 not Judges shall receive per diem compensation and necessary
18 expenses; members who are Judges shall receive necessary
19 expenses only. The General Assembly by law shall appropriate
20 funds for the operation of the Board.
21 (e) An independent A Courts Commission is created
22 consisting of one Supreme Court Judge selected by that Court,
23 who shall be its chairman, two Appellate Court Judges
24 selected by that Court as members and two as alternates, and
25 two Circuit Judges selected by the Chief Judges of the
26 Judicial Circuits as members and two as alternates, and three
27 citizens who are not sitting Illinois Judges selected by the
28 Supreme Court as members and three as alternates Supreme
29 Court. No member or alternate of the Commission shall be a
30 member of the Judicial Inquiry Board. The members of the
31 Commission shall select a chairperson to serve a two-year
32 term.
33 Except for the initial appointees, each member and
34 alternate of the Commission shall serve a four-year term.
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1 The terms of the initial appointees shall be staggered terms
2 of four or fewer years as determined by the Supreme Court by
3 rule so that no more than one-third of the members and no
4 more than one-third of the alternates is appointed in any one
5 year. If the office of a member or alternate becomes vacant,
6 the vacancy shall be filled for the remainder of the term in
7 the manner the original appointment was made.
8 The Commission shall be convened permanently to hear
9 complaints filed by the Judicial Inquiry Board. The
10 Commission shall have authority after notice and public
11 hearing, (1) to remove from office, suspend without pay,
12 censure or reprimand a Judge or Associate Judge for willful
13 misconduct in office, persistent failure to perform his or
14 her duties, or other conduct that is prejudicial to the
15 administration of justice or that brings the judicial office
16 into disrepute, or (2) to suspend, with or without pay, or
17 retire a Judge or Associate Judge who is physically or
18 mentally unable to perform his or her duties.
19 (f) The concurrence of four three members of the
20 Commission shall be necessary for a decision. The decision of
21 the Commission shall be final.
22 (g) Both the Judicial Inquiry Board and the Judge
23 subject to discipline have the right to appeal the decision
24 of the Commission. If the Judge is not a Supreme Court
25 Judge, the appeal shall be to the Supreme Court. If the
26 Judge is a Supreme Court Judge, the appeal shall be to a
27 Special Panel convened specifically for that purpose. The
28 Special Panel shall consist of seven Appellate Court Judges,
29 who are not Commission members or alternates or Judicial
30 Inquiry Board members, chosen by lot by the Secretary of
31 State in a public drawing with three chosen from the First
32 Judicial District and one from each of the other Judicial
33 Districts. The senior Appellate Court Judge on the Special
34 Panel shall serve as its Chief Judge. The decision of the
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1 Supreme Court or Special Panel, as the case may be, shall be
2 final.
3 (h) (g) The Commission shall adopt comprehensive rules
4 to ensure that governing its procedures are fair and
5 appropriate. These rules and any amendments shall be public
6 and filed with the Secretary of State 30 days before becoming
7 effective.
8 A member of the Commission shall disqualify himself or
9 herself, or the other members of the Commission shall
10 disqualify a member, with respect to any matter in which
11 disqualification or recusal would be required of a Judge
12 under rules of the Supreme Court or statutes governing
13 disqualification or recusal.
14 If a member of the Commission is disqualified with
15 respect to any matter, that member shall be replaced by one
16 of his or her alternates in a manner provided by rule of the
17 Supreme Court. The alternate shall act as member of the
18 Courts Commission with respect to that matter only.
19 The Commission and shall have power to issue subpoenas.
20 The General Assembly shall provide by law for the
21 expenses of the Commission.
22 (Source: Illinois Constitution.)
23 SCHEDULE
24 This Constitutional Amendment takes effect upon approval
25 by the electors of this State.