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90_SJ0068enr 90SJ0068 Enrolled SRS90SJ0024BWge 1 STATE OF ILLINOIS 2 NINETIETH GENERAL ASSEMBLY 3 SENATE 4 Senate Joint Resolution No. 68 5 Offered by Senator Dan Cronin 6 WHEREAS, The 90th General Assembly of the State of 7 Illinois has submitted Senate Joint Resolution Constitutional 8 Amendment 52, a proposition to amend the Illinois 9 Constitution, to the voters of Illinois at the November 1998 10 general election; and 11 WHEREAS, The Illinois Constitutional Amendment Act 12 requires the General Assembly to prepare a brief explanation 13 of the proposed amendment, a brief argument in favor of the 14 amendment, a brief argument against the amendment, and the 15 form in which the amendment will appear on the ballot, and 16 also requires the information be published and distributed to 17 the electorate; and 18 WHEREAS, Senate Joint Resolution 64 created a Joint 19 Committee on the Courts Commission Amendment to prepare the 20 foregoing information; therefore, be it 21 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY 22 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 23 CONCURRING HEREIN, that the present and proposed forms of 24 Section 15 of Article VI shall be published as follows: 25 "PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI 26 (The Judiciary) 27 ARTICLE VI 28 THE JUDICIARY 29 (Present Form) 30 SECTION 15. RETIREMENT - DISCIPLINE 31 (a) The General Assembly may provide by law for the 90SJ0068 Enrolled -2- SRS90SJ0024BWge 1 retirement of Judges and Associate Judges at a prescribed 2 age. Any retired Judge or Associate Judge, with his consent, 3 may be assigned by the Supreme Court to judicial service for 4 which he shall receive the applicable compensation in lieu of 5 retirement benefits. A retired Associate Judge may be 6 assigned only as an Associate Judge. 7 (b) A Judicial Inquiry Board is created. The Supreme 8 Court shall select two Circuit Judges as members and the 9 Governor shall appoint four persons who are not lawyers and 10 three lawyers as members of the Board. No more than two of 11 the lawyers and two of the non-lawyers appointed by the 12 Governor shall be members of the same political party. The 13 terms of Board members shall be four years. A vacancy on the 14 Board shall be filled for a full term in the manner the 15 original appointment was made. No member may serve on the 16 Board more than eight years. 17 (c) The Board shall be convened permanently, with 18 authority to conduct investigations, receive or initiate 19 complaints concerning a Judge or Associate Judge, and file 20 complaints with the Courts Commission. The Board shall not 21 file a complaint unless five members believe that a 22 reasonable basis exists (1) to charge the Judge or Associate 23 Judge with willful misconduct in office, persistent failure 24 to perform his duties, or other conduct that is prejudicial 25 to the administration of justice or that brings the judicial 26 office into disrepute, or (2) to charge that the Judge or 27 Associate Judge is physically or mentally unable to perform 28 his duties. All proceedings of the Board shall be 29 confidential except the filing of a complaint with the Courts 30 Commission. The Board shall prosecute the complaint. 31 (d) The Board shall adopt rules governing its 32 procedures. It shall have subpoena power and authority to 33 appoint and direct its staff. Members of the Board who are 34 not Judges shall receive per diem compensation and necessary 90SJ0068 Enrolled -3- SRS90SJ0024BWge 1 expenses; members who are Judges shall receive necessary 2 expenses only. The General Assembly by law shall appropriate 3 funds for the operation of the Board. 4 (e) A Courts Commission is created consisting of one 5 Supreme Court Judge selected by that Court, who shall be its 6 chairman, two Appellate Court Judges selected by that Court, 7 and two Circuit Judges selected by the Supreme Court. The 8 Commission shall be convened permanently to hear complaints 9 filed by the Judicial Inquiry Board. The Commission shall 10 have authority after notice and public hearing, (1) to remove 11 from office, suspend without pay, censure or reprimand a 12 Judge or Associate Judge for willful misconduct in office, 13 persistent failure to perform his duties, or other conduct 14 that is prejudicial to the administration of justice or that 15 brings the judicial office into disrepute, or (2) to suspend, 16 with or without pay, or retire a Judge or Associate Judge who 17 is physically or mentally unable to perform his duties. 18 (f) The concurrence of three members of the Commission 19 shall be necessary for a decision. The decision of the 20 Commission shall be final. 21 (g) The Commission shall adopt rules governing its 22 procedures and shall have power to issue subpoenas. The 23 General Assembly shall provide by law for the expenses of the 24 Commission. 25 ARTICLE VI 26 THE JUDICIARY 27 (Proposed Amendment) 28 (Proposed changes in the existing constitutional 29 provision are indicated by underscoring all new matter and by 30 crossing with a line all matter which is to be deleted.) 31 SECTION 15. RETIREMENT - DISCIPLINE 32 (a) The General Assembly may provide by law for the 90SJ0068 Enrolled -4- SRS90SJ0024BWge 1 retirement of Judges and Associate Judges at a prescribed 2 age. Any retired Judge or Associate Judge, with his or her 3 consent, may be assigned by the Supreme Court to judicial 4 service for which he or she shall receive the applicable 5 compensation in lieu of retirement benefits. A retired 6 Associate Judge may be assigned only as an Associate Judge. 7 (b) A Judicial Inquiry Board is created. The Supreme 8 Court shall select two Circuit Judges as members and the 9 Governor shall appoint four persons who are not lawyers and 10 three lawyers as members of the Board. No more than two of 11 the lawyers and two of the non-lawyers appointed by the 12 Governor shall be members of the same political party. The 13 terms of Board members shall be four years. A vacancy on the 14 Board shall be filled for a full term in the manner the 15 original appointment was made. No member may serve on the 16 Board more than eight years. 17 (c) The Board shall be convened permanently, with 18 authority to conduct investigations, receive or initiate 19 complaints concerning a Judge or Associate Judge, and file 20 complaints with the Courts Commission. The Board shall not 21 file a complaint unless five members believe that a 22 reasonable basis exists (1) to charge the Judge or Associate 23 Judge with willful misconduct in office, persistent failure 24 to perform his duties, or other conduct that is prejudicial 25 to the administration of justice or that brings the judicial 26 office into disrepute, or (2) to charge that the Judge or 27 Associate Judge is physically or mentally unable to perform 28 his duties. All proceedings of the Board shall be 29 confidential except the filing of a complaint with the Courts 30 Commission. The Board shall prosecute the complaint. 31 (d) The Board shall adopt rules governing its 32 procedures. It shall have subpoena power and authority to 33 appoint and direct its staff. Members of the Board who are 34 not Judges shall receive per diem compensation and necessary 90SJ0068 Enrolled -5- SRS90SJ0024BWge 1 expenses; members who are Judges shall receive necessary 2 expenses only. The General Assembly by law shall appropriate 3 funds for the operation of the Board. 4 (e) An independentACourts Commission is created 5 consisting of one Supreme Court Judge selected by that Court 6 as a member and one as an alternate,who shall be its7chairman,two Appellate Court Judges selected by that Court 8 as members and three as alternates,andtwo Circuit Judges 9 selected by the Supreme Court as members and three as 10 alternates, and two citizens selected by the Governor as 11 members and two as alternates. Members and alternates who are 12 Appellate Court Judges must each be from a different Judicial 13 District. Members and alternates who are Circuit Judges must 14 each be from a different Judicial District. Members and 15 alternates of the Commission shall not be members of the 16 Judicial Inquiry Board. The members of the Commission shall 17 select a chairperson to serve a two-year term. 18 The Commission shall be convened permanently to hear 19 complaints filed by the Judicial Inquiry Board. The 20 Commission shall have authority after notice and public 21 hearing, (1) to remove from office, suspend without pay, 22 censure or reprimand a Judge or Associate Judge for willful 23 misconduct in office, persistent failure to perform his or 24 her duties, or other conduct that is prejudicial to the 25 administration of justice or that brings the judicial office 26 into disrepute, or (2) to suspend, with or without pay, or 27 retire a Judge or Associate Judge who is physically or 28 mentally unable to perform his or her duties. 29 (f) The concurrence of fourthreemembers of the 30 Commission shall be necessary for a decision. The decision of 31 the Commission shall be final. 32 (g) The Commission shall adopt comprehensive rules to 33 ensure thatgoverningits procedures are fair and 34 appropriate. These rules and any amendments shall be public 90SJ0068 Enrolled -6- SRS90SJ0024BWge 1 and filed with the Secretary of State at least 30 days before 2 becoming effective. 3 (h) A member of the Commission shall disqualify himself 4 or herself, or the other members of the Commission shall 5 disqualify a member, with respect to any proceeding in which 6 disqualification or recusal would be required of a Judge 7 under rules of the Supreme Court, under rules of the 8 Commission, or by law. 9 If a Supreme Court Judge is the subject of a proceeding, 10 then there shall be no Supreme Court Judge sitting as a 11 member of the Commission with respect to that proceeding. 12 Instead, an alternate Appellate Court Judge not from the same 13 Judicial District as the subject Supreme Court Judge shall 14 replace the subject Supreme Court Judge. If a member who is 15 an Appellate Court Judge is the subject of a proceeding, then 16 an alternate Appellate Court Judge shall replace the subject 17 Appellate Court Judge. If an Appellate Court Judge who is not 18 a member is the subject of a proceeding and an Appellate 19 Court Judge from the same Judicial District is a member, then 20 an alternate Appellate Court Judge shall replace that member. 21 If a member who is a Circuit Judge is the subject of a 22 proceeding, then an alternate Circuit Judge shall replace the 23 subject Circuit Judge. If a Circuit Judge who is not a member 24 is the subject of a proceeding and a Circuit Judge from the 25 same Judicial District is a member, then an alternate Circuit 26 Judge shall replace that member. 27 If a member of the Commission is disqualified under this 28 Section with respect to any proceeding, that member shall be 29 replaced by an alternate on a rotating basis in a manner 30 provided by rule of the Commission. The alternate shall act 31 as member of the Commission with respect to that proceeding 32 only. 33 (i) The Commissionandshall have power to issue 34 subpoenas. 90SJ0068 Enrolled -7- SRS90SJ0024BWge 1 (j) Members and alternates of the Commission who are not 2 Judges shall receive per diem compensation and necessary 3 expenses; members and alternates who are Judges shall receive 4 necessary expenses only. The General Assembly shall provide 5 by law for the expenses and compensation of the Commission."; 6 and be it further 7 RESOLVED, That the brief explanation of the proposed 8 amendment shall read as follows: 9 "EXPLANATION OF PROPOSED AMENDMENT 10 The proposed amendment, which takes effect upon approval 11 by the voters, amends Section 15 of the Judiciary Article of 12 the 1970 Illinois Constitution. This section of the 13 Constitution includes provisions relating to the Illinois 14 Courts Commission, which hears complaints filed against 15 Judges by the Judicial Inquiry Board. 16 Currently, the Courts Commission consists of five members 17 (1 Supreme Court Justice appointed by the Supreme Court, 2 18 Appellate Court Justices appointed by the Appellate Court, 19 and 2 Circuit Court Judges appointed by the Supreme Court). 20 The proposed amendment adds two citizens appointed by the 21 Governor to the Courts Commission. The amendment prohibits 22 the participation of a member of the Courts Commission in any 23 proceeding when that participation is deemed inappropriate by 24 the rules of the Supreme Court, rules of the Courts 25 Commission, or by law. The proposed amendment provides that 26 no Supreme Court Justice may serve on the Courts Commission 27 in a proceeding concerning another Supreme Court Justice; no 28 Appellate Court Justice may serve on the Courts Commission in 29 a proceeding concerning another Appellate Court Justice from 30 the same Judicial District; and no Circuit Court Judge may 31 serve on the Courts Commission in a proceeding concerning 32 another Circuit Court Judge from the same Judicial District. 90SJ0068 Enrolled -8- SRS90SJ0024BWge 1 Alternate members are authorized to serve on the Courts 2 Commission when any member is ineligible to serve during a 3 proceeding. The proposed amendment also allows the members 4 of the Courts Commission to appoint a chairperson for a term 5 of 2 years."; and be it further 6 RESOLVED, That the brief argument in favor of the 7 proposed amendment shall read as follows: 8 "ARGUMENT IN FAVOR OF THE PROPOSED AMENDMENT 9 THIS AMENDMENT WILL ENHANCE THE CREDIBILITY OF THE COURTS 10 COMMISSION PROCEEDINGS. 11 Currently, only sitting Judges constitute the membership 12 of the Courts Commission. In both public perception and 13 practice the current Courts Commission is a body without any 14 public participation or involvement at any level. The public 15 is not involved in the appointment of the members of the 16 Courts Commission or in making Courts Commission decisions, 17 nor are these decisions widely circulated by the media. By 18 adding two private citizens to the Courts Commission, 19 representing the general public, the proposed amendment will 20 allow citizens to become a part of the process. The citizens 21 will serve as full voting members and will bring a fresh, 22 common-sense approach to these important proceedings and 23 allow for a well-balanced Courts Commission capable of 24 rendering fair and just decisions. Without public 25 participation in such matters, public faith and confidence in 26 the proceedings suffer. 27 THIS AMENDMENT WILL ENSURE THE IMPARTIALITY OF MEMBERS OF THE 28 COURTS COMMISSION BY CREATING A METHOD TO AVOID CONFLICTS OF 29 INTEREST. 30 Currently, all Judges in Illinois must disqualify 90SJ0068 Enrolled -9- SRS90SJ0024BWge 1 themselves from cases in which they have a personal interest, 2 financial interest, or any other conflict of interest. The 3 proposed amendment would place these same requirements on 4 members of the Courts Commission. Members of the Courts 5 Commission should not be involved in any proceeding where an 6 inherent conflict of interest may influence their decision. 7 The Courts Commission must be an independent and impartial 8 body capable of making decisions which are based upon facts. 9 The proposed amendment also provides for alternate members to 10 fill any position left vacant by a member who is ineligible 11 to serve during a proceeding. By not allowing members with 12 conflicts of interest to serve, this amendment adds 13 credibility to the Courts Commission's deliberations and 14 proceedings. 15 THIS AMENDMENT INSURES STATE-WIDE REPRESENTATION IN THE 16 COURTS COMMISSION. 17 Current constitutional provisions are silent as to 18 geographical representation of the Courts Commission, which 19 could result in all members residing in the same area of the 20 State. This amendment requires that the members and 21 alternates of the Courts Commission appointed from the 22 Appellate Court each be from a different Judicial District. 23 It makes the same requirement with regard to members and 24 alternates appointed from the Circuit Court. In effect, 25 this proposal provides for state-wide distribution of the 26 members of the Courts Commission. 27 THIS AMENDMENT PROMOTES A MORE DEMOCRATIC APPOINTMENT OF THE 28 CHAIRPERSON OF THE COURTS COMMISSION. 29 The Constitution currently provides that the chairperson 30 shall be the Supreme Court Justice serving on the Courts 31 Commission. The proposed amendment permits greater 32 participation by all members by permitting them to elect the 90SJ0068 Enrolled -10- SRS90SJ0024BWge 1 chairperson, who shall serve a two-year term. This proposed 2 change will provide the Courts Commission with greater 3 flexibility in regulating its own activities. The Circuit 4 Court Judges, Appellate Court Justices, and Supreme Court 5 Justices, as well as the public members, will have an equal 6 chance to serve as chairperson, with the opportunity to elect 7 a new chairperson every two years."; and be it further 8 RESOLVED, That the brief argument against the amendment 9 shall read as follows: 10 "ARGUMENT AGAINST THE PROPOSED AMENDMENT 11 THE ILLINOIS CONSTITUTION HAS A SYSTEM TO DISCIPLINE JUDGES. 12 The Illinois Constitution currently has a judicial 13 disciplinary system consisting of two parts. One, the 14 Judicial Inquiry Board receives, initiates, files, 15 investigates and prosecutes complaints concerning all 16 Illinois Judges. Two, the Courts Commission hears any 17 complaints filed by the Judicial Inquiry Board. The current 18 system provides for a sufficient means for reviewing the 19 conduct of Illinois Judges. Compelling reasons for change to 20 this system do not exist. 21 THE AMENDMENT WILL HARM THE COURTS COMMISSION'S INTEGRITY BY 22 POLITICIZING THE COMMISSION. 23 Although the proponents argue that two citizen members 24 would enhance integrity to the Illinois Courts Commission, it 25 could actually harm its integrity by politicizing the Courts 26 Commission. This Constitutional Amendment allows the 27 Governor to appoint two citizens to the Courts Commission 28 without the confirmation of the State Senate. Therefore, the 29 Governor could appoint two citizens of his or her own party 30 to the Courts Commission. These members could favor the 90SJ0068 Enrolled -11- SRS90SJ0024BWge 1 Governor who appointed them. As a result, these citizen 2 members could be influenced to vote in favor of Judges who 3 are members of the Governor's political party or for whom the 4 Governor has expressed support. 5 THIS AMENDMENT DOES NOT ALLOW THE SENATE TO CONFIRM THE 6 GOVERNOR'S APPOINTMENTS OF PUBLIC MEMBERS. 7 The inability of the Illinois State Senate to confirm or 8 reject these appointments contradicts other constitutional 9 provisions that require the Illinois State Senate to approve 10 gubernatorial appointees. This would eliminate an important 11 check on the Executive Branch of government, which helps to 12 ensure that unqualified individuals are not appointed to 13 commissions and boards like the Courts Commission. 14 THIS AMENDMENT MAY RESULT IN UNINFORMED DECISIONS. 15 The amendment provides only for the appointment of public 16 members to serve on the Courts Commission. The amendment 17 does not impose any special qualifications for these public 18 members. Because public members may not have the necessary 19 experience relating to the judiciary, there is an increased 20 chance that the Courts Commission decisions might not be made 21 in an informed manner. Also, decisions by other boards or 22 commissions consisting of public members that review the 23 conduct of other professionals in Illinois do not make final 24 decisions but often merely make recommendations to a 25 disciplinary board. If public members are added to the 26 Courts Commission, the same safeguard should be required. 27 The amendment fails to provide for review of decisions of the 28 Courts Commission by the Supreme Court of Illinois or by a 29 Special Tribunal consisting of Appellate Court Justices in 30 the event that a member of the Supreme Court is being 31 reviewed."; and be it further 90SJ0068 Enrolled -12- SRS90SJ0024BWge 1 RESOLVED, That the proposition shall appear on the ballot 2 in the following form: 3 "PROPOSED AMENDMENT TO 4 SECTION 15 OF ARTICLE VI 5 (The Judiciary) 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 33 of the Courts Commission to appoint a chairperson for a term 90SJ0068 Enrolled -13- SRS90SJ0024BWge 1 of 2 years. 2 ------------------------------------------------------------- 3 For the proposed amendment to YES 4 Section 15 of Article VI -- The -------------------------- 5 Judiciary -- of the Constitution NO 6 -----------------------------------------------------------"; 7 and be it further 8 RESOLVED, That this resolution and Senate Joint 9 Resolution Constitutional Amendment 52 be submitted to the 10 Attorney General and filed in the Office of the Secretary of 11 State so that they may comply with the requirements of the 12 Constitution and the laws of the State of Illinois. 13 Adopted by the Senate, May 22, 1998. 14 _______________________ 15 President of the Senate 16 _______________________ 17 Secretary of the Senate 18 Concurred in by the House of Representatives, May 22, 19 1998. 20 _________________________ 21 Speaker of House of 22 Representatives 23 _________________________ 24 Clerk of House of 25 Representatives