State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SJ0068eng

90SJ0068 Engrossed                            SRS90SJ0024BWge
 1                   SENATE JOINT RESOLUTION NO. 68
 2               (As amended by Senate Amendment No. 1)
 3        WHEREAS, The  90th  General  Assembly  of  the  State  of
 4    Illinois has submitted Senate Joint Resolution Constitutional
 5    Amendment   52,   a   proposition   to   amend  the  Illinois
 6    Constitution, to the voters of Illinois at the November  1998
 7    general election; and
 8        WHEREAS,   The   Illinois  Constitutional  Amendment  Act
 9    requires the General Assembly to prepare a brief  explanation
10    of  the  proposed amendment, a brief argument in favor of the
11    amendment, a brief argument against the  amendment,  and  the
12    form  in  which  the amendment will appear on the ballot, and
13    also requires the information be published and distributed to
14    the electorate; and
15        WHEREAS, Senate  Joint  Resolution  64  created  a  Joint
16    Committee  on  the Courts Commission Amendment to prepare the
17    foregoing information; therefore, be it
18        RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
19    OF THE  STATE  OF  ILLINOIS,  THE  HOUSE  OF  REPRESENTATIVES
20    CONCURRING  HEREIN,  that  the  present and proposed forms of
21    Section 15 of Article VI shall be published as follows:
22           "PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI
23                           (The Judiciary)
24                             ARTICLE VI
25                            THE JUDICIARY
26                           (Present Form)
27    SECTION 15. RETIREMENT - DISCIPLINE
28        (a)  The General Assembly may  provide  by  law  for  the
29    retirement  of  Judges  and  Associate Judges at a prescribed
30    age. Any retired Judge or Associate Judge, with his  consent,
31    may  be assigned by the Supreme Court to judicial service for
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 1    which he shall receive the applicable compensation in lieu of
 2    retirement  benefits.  A  retired  Associate  Judge  may   be
 3    assigned only as an Associate Judge.
 4        (b)  A  Judicial  Inquiry  Board  is created. The Supreme
 5    Court shall select two Circuit  Judges  as  members  and  the
 6    Governor  shall  appoint four persons who are not lawyers and
 7    three lawyers as members of the Board. No more  than  two  of
 8    the  lawyers  and  two  of  the  non-lawyers appointed by the
 9    Governor shall be members of the same  political  party.  The
10    terms  of Board members shall be four years. A vacancy on the
11    Board shall be filled for a  full  term  in  the  manner  the
12    original  appointment  was  made.  No member may serve on the
13    Board more than eight years.
14        (c)  The  Board  shall  be  convened  permanently,   with
15    authority  to  conduct  investigations,  receive  or initiate
16    complaints concerning a Judge or Associate  Judge,  and  file
17    complaints  with  the  Courts Commission. The Board shall not
18    file  a  complaint  unless  five  members  believe   that   a
19    reasonable  basis exists (1) to charge the Judge or Associate
20    Judge with willful misconduct in office,  persistent  failure
21    to  perform  his duties, or other conduct that is prejudicial
22    to the administration of justice or that brings the  judicial
23    office  into  disrepute,  or  (2) to charge that the Judge or
24    Associate Judge is physically or mentally unable  to  perform
25    his   duties.   All   proceedings   of  the  Board  shall  be
26    confidential except the filing of a complaint with the Courts
27    Commission. The Board shall prosecute the complaint.
28        (d)  The  Board   shall   adopt   rules   governing   its
29    procedures.  It  shall  have  subpoena power and authority to
30    appoint and direct its staff. Members of the  Board  who  are
31    not  Judges shall receive per diem compensation and necessary
32    expenses; members who  are  Judges  shall  receive  necessary
33    expenses  only. The General Assembly by law shall appropriate
34    funds for the operation of the Board.
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 1        (e)  A Courts Commission is  created  consisting  of  one
 2    Supreme  Court Judge selected by that Court, who shall be its
 3    chairman, two Appellate Court Judges selected by that  Court,
 4    and  two  Circuit  Judges  selected by the Supreme Court. The
 5    Commission shall be convened permanently to  hear  complaints
 6    filed  by  the  Judicial  Inquiry Board. The Commission shall
 7    have authority after notice and public hearing, (1) to remove
 8    from office, suspend without  pay,  censure  or  reprimand  a
 9    Judge  or  Associate  Judge for willful misconduct in office,
10    persistent failure to perform his duties,  or  other  conduct
11    that  is prejudicial to the administration of justice or that
12    brings the judicial office into disrepute, or (2) to suspend,
13    with or without pay, or retire a Judge or Associate Judge who
14    is physically or mentally unable to perform his duties.
15        (f)  The concurrence of three members of  the  Commission
16    shall  be  necessary  for  a  decision.  The  decision of the
17    Commission shall be final.
18        (g)  The  Commission  shall  adopt  rules  governing  its
19    procedures and shall  have  power  to  issue  subpoenas.  The
20    General Assembly shall provide by law for the expenses of the
21    Commission.
22                             ARTICLE VI
23                            THE JUDICIARY
24                        (Proposed Amendment)
25        (Proposed   changes   in   the   existing  constitutional
26    provision are indicated by underscoring all new matter and by
27    crossing with a line all matter which is to be deleted.)
28    SECTION 15. RETIREMENT - DISCIPLINE
29        (a)  The General Assembly may  provide  by  law  for  the
30    retirement  of  Judges  and  Associate Judges at a prescribed
31    age. Any retired Judge or Associate Judge, with  his  or  her
32    consent,  may  be  assigned  by the Supreme Court to judicial
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 1    service for which he or  she  shall  receive  the  applicable
 2    compensation  in  lieu  of  retirement  benefits.  A  retired
 3    Associate Judge may be assigned only as an Associate Judge.
 4        (b)  A  Judicial  Inquiry  Board  is created. The Supreme
 5    Court shall select two Circuit  Judges  as  members  and  the
 6    Governor  shall  appoint four persons who are not lawyers and
 7    three lawyers as members of the Board. No more  than  two  of
 8    the  lawyers  and  two  of  the  non-lawyers appointed by the
 9    Governor shall be members of the same  political  party.  The
10    terms  of Board members shall be four years. A vacancy on the
11    Board shall be filled for a  full  term  in  the  manner  the
12    original  appointment  was  made.  No member may serve on the
13    Board more than eight years.
14        (c)  The  Board  shall  be  convened  permanently,   with
15    authority  to  conduct  investigations,  receive  or initiate
16    complaints concerning a Judge or Associate  Judge,  and  file
17    complaints  with  the  Courts Commission. The Board shall not
18    file  a  complaint  unless  five  members  believe   that   a
19    reasonable  basis exists (1) to charge the Judge or Associate
20    Judge with willful misconduct in office,  persistent  failure
21    to  perform  his duties, or other conduct that is prejudicial
22    to the administration of justice or that brings the  judicial
23    office  into  disrepute,  or  (2) to charge that the Judge or
24    Associate Judge is physically or mentally unable  to  perform
25    his   duties.   All   proceedings   of  the  Board  shall  be
26    confidential except the filing of a complaint with the Courts
27    Commission. The Board shall prosecute the complaint.
28        (d)  The  Board   shall   adopt   rules   governing   its
29    procedures.  It  shall  have  subpoena power and authority to
30    appoint and direct its staff. Members of the  Board  who  are
31    not  Judges shall receive per diem compensation and necessary
32    expenses; members who  are  Judges  shall  receive  necessary
33    expenses  only. The General Assembly by law shall appropriate
34    funds for the operation of the Board.
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 1        (e)  An  independent  A  Courts  Commission  is   created
 2    consisting  of one Supreme Court Judge selected by that Court
 3    as a member and  one  as  an  alternate,  who  shall  be  its
 4    chairman,  two  Appellate Court Judges selected by that Court
 5    as members and three as alternates, and  two  Circuit  Judges
 6    selected  by  the  Supreme  Court  as  members  and  three as
 7    alternates, and two citizens  selected  by  the  Governor  as
 8    members and two as alternates. Members and alternates who are
 9    Appellate Court Judges must each be from a different Judicial
10    District.  Members and alternates who are Circuit Judges must
11    each  be  from  a  different  Judicial  District. Members and
12    alternates of the Commission shall  not  be  members  of  the
13    Judicial  Inquiry Board.  The members of the Commission shall
14    select a chairperson to serve a two-year term.
15        The Commission shall  be  convened  permanently  to  hear
16    complaints   filed   by   the  Judicial  Inquiry  Board.  The
17    Commission shall  have  authority  after  notice  and  public
18    hearing,  (1)  to  remove  from  office, suspend without pay,
19    censure or reprimand a Judge or Associate Judge  for  willful
20    misconduct  in  office,  persistent failure to perform his or
21    her duties, or other  conduct  that  is  prejudicial  to  the
22    administration  of justice or that brings the judicial office
23    into disrepute, or (2) to suspend, with or  without  pay,  or
24    retire  a  Judge  or  Associate  Judge  who  is physically or
25    mentally unable to perform his or her duties.
26        (f)  The  concurrence  of  four  three  members  of   the
27    Commission shall be necessary for a decision. The decision of
28    the Commission shall be final.
29        (g)  The  Commission  shall  adopt comprehensive rules to
30    ensure  that  governing   its   procedures   are   fair   and
31    appropriate.   These rules and any amendments shall be public
32    and filed with the Secretary of State at least 30 days before
33    becoming effective.
34        (h)  A member of the Commission shall disqualify  himself
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 1    or  herself,  or  the  other  members of the Commission shall
 2    disqualify a member, with respect to any proceeding in  which
 3    disqualification  or  recusal  would  be  required of a Judge
 4    under  rules  of  the  Supreme  Court,  under  rules  of  the
 5    Commission, or by law.
 6        If a Supreme Court Judge is the subject of a  proceeding,
 7    then  there  shall  be  no  Supreme  Court Judge sitting as a
 8    member of the Commission with  respect  to  that  proceeding.
 9    Instead, an alternate Appellate Court Judge not from the same
10    Judicial  District  as  the subject Supreme Court Judge shall
11    replace the subject Supreme Court Judge. If a member  who  is
12    an Appellate Court Judge is the subject of a proceeding, then
13    an  alternate Appellate Court Judge shall replace the subject
14    Appellate Court Judge. If an Appellate Court Judge who is not
15    a member is the subject of  a  proceeding  and  an  Appellate
16    Court Judge from the same Judicial District is a member, then
17    an alternate Appellate Court Judge shall replace that member.
18    If  a  member  who  is  a  Circuit  Judge is the subject of a
19    proceeding, then an alternate Circuit Judge shall replace the
20    subject Circuit Judge. If a Circuit Judge who is not a member
21    is the subject of a proceeding and a Circuit Judge  from  the
22    same Judicial District is a member, then an alternate Circuit
23    Judge shall replace that member.
24        If  a member of the Commission is disqualified under this
25    Section with respect to any proceeding, that member shall  be
26    replaced  by  an  alternate  on  a rotating basis in a manner
27    provided by rule of the Commission.  The alternate shall  act
28    as  member  of the Commission with respect to that proceeding
29    only.
30        (i)  The  Commission  and  shall  have  power  to   issue
31    subpoenas.
32        (j)  Members and alternates of the Commission who are not
33    Judges  shall  receive  per  diem  compensation and necessary
34    expenses; members and alternates who are Judges shall receive
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 1    necessary expenses only.  The General Assembly shall  provide
 2    by law for the expenses and compensation of the Commission.";
 3    and be it further
 4        RESOLVED,  That  the  brief  explanation  of the proposed
 5    amendment shall read as follows:
 6                 "EXPLANATION OF PROPOSED AMENDMENT
 7        The proposed amendment, which takes effect upon  approval
 8    by  the voters, amends Section 15 of the Judiciary Article of
 9    the  1970  Illinois  Constitution.   This  section   of   the
10    Constitution  includes  provisions  relating  to the Illinois
11    Courts  Commission,  which  hears  complaints  filed  against
12    Judges by the Judicial Inquiry Board.
13        Currently, the Courts Commission consists of five members
14    (1 Supreme Court Justice appointed by the  Supreme  Court,  2
15    Appellate  Court  Justices  appointed by the Appellate Court,
16    and 2 Circuit Court Judges appointed by the Supreme Court).
17        The proposed amendment adds two citizens appointed by the
18    Governor to the Courts Commission.  The  amendment  prohibits
19    the participation of a member of the Courts Commission in any
20    proceeding when that participation is deemed inappropriate by
21    the   rules  of  the  Supreme  Court,  rules  of  the  Courts
22    Commission, or by law.  The proposed amendment provides  that
23    no  Supreme  Court Justice may serve on the Courts Commission
24    in a proceeding concerning another Supreme Court Justice;  no
25    Appellate Court Justice may serve on the Courts Commission in
26    a  proceeding concerning another Appellate Court Justice from
27    the same Judicial District; and no Circuit  Court  Judge  may
28    serve  on  the  Courts  Commission in a proceeding concerning
29    another Circuit Court Judge from the same Judicial  District.
30    Alternate  members  are  authorized  to  serve  on the Courts
31    Commission when any member is ineligible to  serve  during  a
32    proceeding.   The  proposed amendment also allows the members
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 1    of the Courts Commission to appoint a chairperson for a  term
 2    of 2 years."; and be it further
 3        RESOLVED,  That  the  brief  argument  in  favor  of  the
 4    proposed amendment shall read as follows:
 5            "ARGUMENT IN FAVOR OF THE PROPOSED AMENDMENT
 6    THIS  AMENDMENT  WILL  ENHANCE  THE CREDIBILITY OF THE COURTS
 7    COMMISSION PROCEEDINGS.
 8        Currently, only sitting Judges constitute the  membership
 9    of  the  Courts  Commission.  In  both  public perception and
10    practice the current Courts Commission is a body without  any
11    public participation or involvement at any level.  The public
12    is  not  involved  in  the  appointment of the members of the
13    Courts Commission or in making Courts  Commission  decisions,
14    nor  are  these decisions widely circulated by the media.  By
15    adding  two  private  citizens  to  the  Courts   Commission,
16    representing  the general public, the proposed amendment will
17    allow citizens to become a part of the process.  The citizens
18    will serve as full voting members and  will  bring  a  fresh,
19    common-sense  approach  to  these  important  proceedings and
20    allow  for  a  well-balanced  Courts  Commission  capable  of
21    rendering  fair   and   just   decisions.    Without   public
22    participation in such matters, public faith and confidence in
23    the proceedings suffer.
24    THIS AMENDMENT WILL ENSURE THE IMPARTIALITY OF MEMBERS OF THE
25    COURTS  COMMISSION BY CREATING A METHOD TO AVOID CONFLICTS OF
26    INTEREST.
27        Currently,  all   Judges  in  Illinois  must   disqualify
28    themselves from cases in which they have a personal interest,
29    financial  interest,  or any other conflict of interest.  The
30    proposed amendment would place  these  same  requirements  on
31    members  of  the  Courts  Commission.   Members of the Courts
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 1    Commission should not be involved in any proceeding where  an
 2    inherent  conflict  of interest may influence their decision.
 3    The Courts Commission must be an  independent  and  impartial
 4    body  capable of making decisions which are based upon facts.
 5    The proposed amendment also provides for alternate members to
 6    fill any position left vacant by a member who  is  ineligible
 7    to  serve  during  a proceeding. By not allowing members with
 8    conflicts  of  interest  to  serve,   this   amendment   adds
 9    credibility  to  the  Courts  Commission's  deliberations and
10    proceedings.
11    THIS  AMENDMENT  INSURES  STATE-WIDE  REPRESENTATION  IN  THE
12    COURTS COMMISSION.
13        Current  constitutional  provisions  are  silent  as   to
14    geographical  representation  of the Courts Commission, which
15    could result in all members residing in the same area of  the
16    State.    This   amendment  requires  that  the  members  and
17    alternates  of  the  Courts  Commission  appointed  from  the
18    Appellate Court each be from a different  Judicial  District.
19    It  makes  the  same  requirement  with regard to members and
20    alternates appointed from  the  Circuit  Court.   In  effect,
21    this  proposal  provides  for  state-wide distribution of the
22    members of the Courts Commission.
23    THIS AMENDMENT PROMOTES A MORE DEMOCRATIC APPOINTMENT OF  THE
24    CHAIRPERSON OF THE COURTS COMMISSION.
25        The  Constitution currently provides that the chairperson
26    shall be the Supreme Court  Justice  serving  on  the  Courts
27    Commission.    The   proposed   amendment   permits   greater
28    participation  by all members by permitting them to elect the
29    chairperson, who shall serve a two-year term.  This  proposed
30    change  will  provide  the  Courts  Commission  with  greater
31    flexibility  in  regulating  its own activities.  The Circuit
32    Court Judges, Appellate Court  Justices,  and  Supreme  Court
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 1    Justices,  as  well as the public members, will have an equal
 2    chance to serve as chairperson, with the opportunity to elect
 3    a new chairperson every two years."; and be it further
 4        RESOLVED, That the brief argument against  the  amendment
 5    shall read as follows:
 6              "ARGUMENT AGAINST THE PROPOSED AMENDMENT
 7    THE ILLINOIS CONSTITUTION HAS A SYSTEM TO DISCIPLINE JUDGES.
 8        The   Illinois  Constitution  currently  has  a  judicial
 9    disciplinary  system  consisting  of  two  parts.   One,  the
10    Judicial   Inquiry   Board   receives,   initiates,    files,
11    investigates   and   prosecutes   complaints  concerning  all
12    Illinois  Judges.   Two,  the  Courts  Commission  hears  any
13    complaints filed by the Judicial Inquiry Board.  The  current
14    system  provides  for  a  sufficient  means for reviewing the
15    conduct of Illinois Judges.  Compelling reasons for change to
16    this system do not exist.
17    THE AMENDMENT WILL HARM THE COURTS COMMISSION'S INTEGRITY  BY
18    POLITICIZING THE COMMISSION.
19        Although  the  proponents  argue that two citizen members
20    would enhance integrity to the Illinois Courts Commission, it
21    could actually harm its integrity by politicizing the  Courts
22    Commission.    This   Constitutional   Amendment  allows  the
23    Governor to appoint two citizens  to  the  Courts  Commission
24    without the confirmation of the State Senate.  Therefore, the
25    Governor  could  appoint two citizens of his or her own party
26    to the Courts  Commission.  These  members  could  favor  the
27    Governor  who  appointed  them.   As  a result, these citizen
28    members could be influenced to vote in favor  of  Judges  who
29    are members of the Governor's political party or for whom the
30    Governor has expressed support.
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 1    THIS  AMENDMENT  DOES  NOT  ALLOW  THE  SENATE TO CONFIRM THE
 2    GOVERNOR'S APPOINTMENTS OF PUBLIC MEMBERS.
 3        The inability of the Illinois State Senate to confirm  or
 4    reject  these  appointments  contradicts other constitutional
 5    provisions that require the Illinois State Senate to  approve
 6    gubernatorial  appointees.  This would eliminate an important
 7    check on the Executive Branch of government, which  helps  to
 8    ensure  that  unqualified  individuals  are  not appointed to
 9    commissions and boards like the Courts Commission.
10    THIS AMENDMENT MAY RESULT IN UNINFORMED DECISIONS.
11        The amendment provides only for the appointment of public
12    members to serve on the  Courts  Commission.   The  amendment
13    does  not  impose any special qualifications for these public
14    members. Because public members may not  have  the  necessary
15    experience  relating  to the judiciary, there is an increased
16    chance that the Courts Commission decisions might not be made
17    in an informed manner.  Also, decisions by  other  boards  or
18    commissions  consisting  of  public  members  that review the
19    conduct of other professionals in Illinois do not make  final
20    decisions   but   often  merely  make  recommendations  to  a
21    disciplinary board.  If  public  members  are  added  to  the
22    Courts  Commission,  the  same  safeguard should be required.
23    The amendment fails to provide for review of decisions of the
24    Courts Commission by the Supreme Court of Illinois  or  by  a
25    Special  Tribunal  consisting  of Appellate Court Justices in
26    the event that  a  member  of  the  Supreme  Court  is  being
27    reviewed."; and be it further
28        RESOLVED, That the proposition shall appear on the ballot
29    in the following form:
30                       "PROPOSED AMENDMENT TO
31                      SECTION 15 OF ARTICLE VI
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 1                           (The Judiciary)
 2                  Explanation of Proposed Amendment
 3        The  proposed amendment, which takes effect upon approval
 4    by the voters, amends Section 15 of the Judiciary Article  of
 5    the   1970   Illinois  Constitution.   This  section  of  the
 6    Constitution includes provisions  relating  to  the  Illinois
 7    Courts  Commission,  which  hears  complaints  filed  against
 8    Judges by the Judicial Inquiry Board.
 9        Currently, the Courts Commission consists of five members
10    (1  Supreme  Court  Justice appointed by the Supreme Court, 2
11    Appellate Court Justices appointed by  the  Appellate  Court,
12    and 2 Circuit Court Judges appointed by the Supreme Court).
13        The proposed amendment adds two citizens appointed by the
14    Governor  to  the  Courts Commission. The amendment prohibits
15    the participation of a member of the Courts Commission in any
16    proceeding when that participation is deemed inappropriate by
17    the  rules  of  the  Supreme  Court,  rules  of  the   Courts
18    Commission,  or by law.  The proposed amendment provides that
19    no Supreme Court Justice may serve on the  Courts  Commission
20    in  a proceeding concerning another Supreme Court Justice; no
21    Appellate Court Justice may serve on the Courts Commission in
22    a proceeding concerning another Appellate Court Justice  from
23    the  same  Judicial  District; and no Circuit Court Judge may
24    serve on the Courts Commission  in  a  proceeding  concerning
25    another  Circuit Court Judge from the same Judicial District.
26    Alternate members are  authorized  to  serve  on  the  Courts
27    Commission  when  any  member is ineligible to serve during a
28    proceeding.  The proposed amendment also allows  the  members
29    of  the Courts Commission to appoint a chairperson for a term
30    of 2 years.
31    -------------------------------------------------------------
32    For the proposed amendment to        YES
33    Section 15 of Article VI -- The    --------------------------
34    Judiciary -- of the Constitution     NO
90SJ0068 Engrossed          -13-              SRS90SJ0024BWge
 1    -----------------------------------------------------------";
 2    and be it further
 3        RESOLVED,  That  this   resolution   and   Senate   Joint
 4    Resolution  Constitutional  Amendment  52 be submitted to the
 5    Attorney General and filed in the Office of the Secretary  of
 6    State  so  that  they may comply with the requirements of the
 7    Constitution and the laws of the State of Illinois.

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