Public Act 096-0108
Public Act 0108 96TH GENERAL ASSEMBLY
|
Public Act 096-0108 |
SB1938 Enrolled |
LRB096 11228 AJO 21636 b |
|
| AN ACT concerning courts.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Circuit Courts Act is amended by changing | Sections 2, 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 and by | adding Sections 2k, 2m, 2n, 2p, 2q, and 2r as follows:
| (705 ILCS 35/2) (from Ch. 37, par. 72.2)
| Sec. 2. Circuit judges shall be elected at the general | elections and
for terms as provided in Article VI of the | Illinois Constitution.
Ninety-four circuit judges shall be | elected in the Circuit of Cook
County and 3 circuit
judges | shall be elected in each of the other
circuits, but in circuits | other than Cook County containing a population
of 230,000 or | more inhabitants and in which there is included a county
| containing a population of 200,000 or more inhabitants, or in | circuits
other than Cook County containing a population of | 270,000 or more
inhabitants, according to the last preceding | federal census and in the
circuit where the seat of State | government is situated at the time fixed
by law for the | nomination of judges of the Circuit Court in such circuit
and | in any circuit which meets the requirements set out in Section | 2a of
this Act, 4 circuit judges shall be elected in the manner | provided by
law. In circuits other than Cook County in which |
| each county in the
circuit has a population of 475,000 or more, | 4 circuit judges shall be
elected in addition to the 4 circuit | judges provided for in this
Section. In any circuit composed of | 2 counties having a total
population of 350,000 or more, one | circuit judge shall be elected in
addition to the 4 circuit | judges provided for in this Section.
| Any additional circuit judgeships in the 19th and 22nd | judicial circuits resulting by operation of this Section shall | be filled, if at all, at the general election in 2006 only as | provided in Section 2f-1. Thereafter, however, this Section | shall not apply to the determination of the number of circuit | judgeships in the 19th and 22nd judicial circuits. The number | of circuit judgeships in the 19th judicial circuit shall be | determined thereafter in accordance with Section 2f-1 and | Section 2f-2 and shall be reduced in accordance with those | Sections. The number of circuit judgeships in the 22nd judicial | circuit shall be determined thereafter in accordance with | Section 2f-1 and Section 2f-5 and shall be reduced in | accordance with those Sections.
| Notwithstanding the provisions of this Section or any other | law, the number
of at large judgeships of the 12th judicial | circuit may be reduced by one or 2
judgeships as provided in | subsections subsection (a-10) and (a-15) of Section 2f-4.
| The
several judges of the circuit courts of this State, | before entering upon
the duties of their office, shall take and | subscribe the following oath
or affirmation, which shall be |
| filed in the office of the Secretary of
State:
| "I do solemnly swear (or affirm, as the case may be) that I | will
support the constitution of the United States, and the | constitution of
the State of Illinois, and that I will | faithfully discharge the duties
of judge of.... court, | according to the best of my ability."
| One of the 3 additional circuit judgeships authorized by
| this amendatory Act in circuits other than Cook County in which | each
county in the circuit has a population of 475,000 or more | may be filled
when this Act becomes law. The 2 remaining | circuit
judgeships in such circuits shall not be filled until | on or after July
1, 1977.
| (Source: P.A. 93-541, eff. 8-18-03; 94-727, eff. 2-14-06.)
| (705 ILCS 35/2f-1)
| Sec. 2f-1. 19th and 22nd judicial circuits.
| (a) On December 4, 2006, the 19th judicial circuit is | divided into the 19th
and
22nd judicial circuits as provided in | Section 1 of the Circuit Courts Act. This
division
does not | invalidate any action taken by the 19th judicial circuit or any | of its
judges,
officers, employees, or agents before December | 4, 2006. This division does not
affect
any person's rights, | obligations, or duties, including applicable civil and
| criminal
penalties, arising out of any action taken by the 19th | judicial circuit or any
of its judges,
officers, employees, or | agents before December 4, 2006.
|
| (b) Of the 7 circuit judgeships elected at large in the | 19th circuit before
the
general election in 2006, the Supreme | Court shall assign 5 to the 19th circuit
and 2 to the
22nd | circuit, based on residency of the circuit judges then holding | those
judgeships. The
5 assigned to the 19th circuit shall | continue to be elected at large , except those at large | judgeships that become resident judgeships as provided in | subsection (a-5) of Section 2f-2 .
The 2 assigned to the 22nd | circuit shall continue to be elected at large. | (b-5) Except as provided in subsection (b-10), the number | of at large judgeships of the 19th judicial circuit shall be | the number of at large judgeships specified for assigned to the | 19th judicial circuit pursuant to subsection (b) plus only the | judgeship designated as vacancy A by the State Board of | Elections filled at the 2006 general election. If, before, on, | or after the effective date of this amendatory Act of the 94th | General Assembly, the State Board of Elections has certified or | certifies one or more candidates for a judgeship of the 19th | judicial circuit designated as vacancy B or C by the State | Board of Elections, then all such certifications are revoked | and are null and void by operation of law and the names of any | such candidates shall not appear upon the 2006 general primary | ballot or the 2006 general election ballot for any of those | judgeships.
Except as provided in subsection (b-10), the number | of at large judgeships of the 22nd judicial circuit shall be | the number of at large judgeships assigned to the 22nd judicial |
| circuit pursuant to subsection (b) plus only the judgeship | designated as vacancy A by the State Board of Elections filled | at the 2006 general election. If, before, on, or after the | effective date of this amendatory Act of the 94th General | Assembly, the State Board of Elections has certified or | certifies one or more candidates for the judgeship of the 22nd | judicial circuit designated as vacancy B by the State Board of | Elections, then any such certifications are revoked and are | null and void by operation of law and the names of any such | candidates shall not appear upon the 2006 general primary | ballot or the 2006 general election ballot for that judgeship. | (b-10) If this amendatory Act of the 94th General Assembly | is held unconstitutional and as a result the judgeships | designated by the State Board of Elections as vacancies A, B, | and C of the 19th judicial circuit are filled at the 2006 | general election, then the number of at large judgeships of the | 19th judicial circuit shall be only the number of at large | judgeships specified for assigned to the 19th judicial circuit | pursuant to subsection (b). If this amendatory Act of the 94th | General Assembly is held unconstitutional and as a result the | judgeships designated by the State Board of Elections as | vacancies A and B of the 22nd judicial circuit are filled at | the 2006 general election, then the number of at large | judgeships of the 22nd judicial circuit shall be only the | number of at large judgeships assigned to the 22nd judicial | circuit pursuant to subsection (b). |
| (b-15) If subsection (b-10) applies, then each vacancy | occurring in an at large judgeship of the 19th judicial circuit | on or after the holding of unconstitutionality shall not be | filled by any means and each of those vacant judgeships is | abolished, until the number of at large judgeships of the 19th | judicial circuit returns to the number of at large judgeships | specified for the 19th judicial circuit by subsection (b-10). | If subsection (b-10) applies, then each vacancy occurring in an | at large judgeship of the 22nd judicial circuit on or after the | holding of unconstitutionality shall not be filled by any means | and each of those vacant judgeships is abolished, until the | number of at large judgeships of the 22nd judicial circuit | returns to the number of at large judgeships specified for the | 22nd judicial circuit by subsection (b-10).
| (c) The 6 resident judgeships elected from Lake County | before the general
election in 2006 shall become resident | judgeships in the 19th circuit on
December 4,
2006, and the 3 | resident judgeships elected from McHenry County before the
| general
election in 2006 shall become resident judgeships in | the 22nd circuit on
December 4,
2006.
| (d) On December 4, 2006, the Supreme Court shall allocate | the associate
judgeships of the 19th circuit before that date | between the 19th and 22nd
circuits based
on the residency of | the associate judges; however, the number of associate judges | allocated to the 19th circuit shall be no less than the number | of associate judges residing in Lake County on March 22, 2004.
|
| (e) On December 4, 2006, the Supreme Court shall allocate | personnel, books,
records, documents, property (real and | personal), funds, assets, liabilities,
and pending
matters | concerning the 19th circuit before that date between the 19th | and 22nd
circuits
based on the population and staffing needs of | those circuits and the efficient
and proper
administration of | the judicial system. The rights of employees under applicable
| collective bargaining agreements are not affected by this | amendatory Act of the
93rd
General Assembly.
| (f) The judgeships set forth in this Section include the | judgeships
authorized
under Sections 2g, 2h, and 2j. The | judgeships authorized in those Sections are
not in
addition to | those set forth in this Section.
| (Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | 94-727, eff. 2-14-06.)
| (705 ILCS 35/2f-2)
| Sec. 2f-2. 19th judicial circuit; subcircuits ; additional | judges .
| (a) The 19th circuit shall be divided into 6 subcircuits. | The
subcircuits shall be
compact, contiguous, and | substantially equal in population. The General
Assembly by law | shall
create the subcircuits, using population
data as
| determined by the 2000 federal census, and
shall determine a | numerical order for the 6 subcircuits. That
numerical order | shall be the basis for the order in which resident judgeships
|
| are assigned to
the subcircuits. The 6 resident judgeships to | be assigned that are not added by or converted from at large | judgeships as provided in this amendatory Act of the 96th | General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, | 5th, and 6th subcircuits, in that order. The 6 resident | judgeships to be assigned that are added by or converted from | at large judgeships as provided in this amendatory Act of the | 96th General Assembly shall be assigned to the 6th, 5th, 4th, | 3rd, 2nd, and 1st subcircuits, in that order. Once a resident | judgeship is assigned to a subcircuit, it
shall continue to be | assigned to that subcircuit for all purposes.
| (a-5) Of the at large judgeships of the 19th judicial | circuit, the first 3 that are or become vacant on or after the | effective date of this amendatory Act of the 96th General | Assembly shall become resident judgeships of the 19th judicial | circuit to be allotted by the Supreme Court under subsection | (c) and filled by election, except that the Supreme Court may | fill those judgeships by appointment for any remainder of a | vacated term until the resident judgeships are filled initially | by election. As used in this subsection, a vacancy does not | include the expiration of a term of an at large judge who seeks | retention in that office at the next term. | (a-10) The 19th judicial circuit shall have 3 additional | resident judgeships to be allotted by the Supreme Court under | subsection (c). One of the additional resident judgeships shall | be filled by election beginning at the 2010 general election. |
| Two of the additional resident judgeships shall be filled by | election beginning at the 2012 general election. | (b) The 19th circuit shall have a total of 12 6 resident | judgeships (6 resident judgeships existing on the effective | date of this amendatory Act of the 96th General Assembly, 3 | formerly at large judgeships as provided in subsection (a-5), | and 3 resident judgeships added by subsection (a-10)) . The | number of resident judgeships allotted to subcircuits of the | 19th judicial circuit pursuant to this Section shall constitute | all the resident judgeships of the 19th judicial circuit.
| (c) The Supreme Court shall allot (i)
all vacancies in
| resident
judgeships of the 19th circuit existing on or | occurring on or after the
effective date of this
amendatory Act
| of the 93rd General Assembly and not filled at the 2004 general | election ,
and (ii) the resident judgeships of the 19th
circuit | filled at the 2004
general election as those judgeships | thereafter become vacant,
(iii) the 3 formerly at large | judgeships described in subsection (a-5) as they become | available, and (iv) the 3 resident judgeships added by | subsection (a-10), for election from the
various
subcircuits | until there are 2 resident judges is one resident judge to be | elected from each
subcircuit.
No resident judge of the 19th | circuit serving on
the effective date of this amendatory Act of | the 93rd General Assembly shall be
required to change his or | her residency in order to continue serving in office
or
to seek | retention in office as resident judgeships are allotted by the
|
| Supreme Court in accordance with this Section.
| (d) A resident judge elected from a subcircuit shall | continue to reside in
that
subcircuit as long as he or she | holds that office. A resident judge elected from a subcircuit | after January 1, 2008, must retain residency as a registered | voter in the subcircuit to run for retention from the circuit | at large thereafter.
| (e) Vacancies in resident judgeships of the 19th circuit | shall be
filled
in the manner provided in Article VI of the | Illinois Constitution.
| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| (705 ILCS 35/2f-4)
| Sec. 2f-4. 12th circuit; subcircuits; additional judges.
| (a) The 12th circuit shall be divided into 5 subcircuits. | The
subcircuits shall be
compact, contiguous, and | substantially equal in population. The General
Assembly by law | shall
create the subcircuits, using population
data as
| determined by the 2000 federal census, and
shall determine a | numerical order for the 5 subcircuits. That numerical
order | shall
be the basis for the order in which resident judgeships | are assigned to the
subcircuits.
The 5 resident judgeships to | be assigned after the effective date of this amendatory Act of | the 96th General Assembly shall be assigned to the 3rd, 4th, | 5th, 1st, and 2nd subcircuits, in that order. Once a resident | judgeship is
assigned to a subcircuit, it shall continue to be
|
| assigned to
that subcircuit for all purposes.
| (a-10) The first vacancy in the 12th judicial circuit's 10 | existing circuit judgeships (8 at large and 2 resident), but | not in the additional judgeships described in subsections (b) | and (b-5), that exists on or after the effective date of this | amendatory Act of the 94th General Assembly shall not be | filled, by appointment or election, and that judgeship is | eliminated. Of the 12th judicial circuit's 10 existing circuit | judgeships (8 at large and 2 resident), but not the additional | judgeships described in subsections (b) and (b-5), the second | to be vacant or become vacant on or after the effective date of | this amendatory Act of the 94th General Assembly shall be | allotted as a 12th circuit resident judgeship under subsection | (c). | (a-15) Of the at large judgeships of the 12th judicial | circuit not affected by subsection (a-10), the first 2 that are | or become vacant on or after the effective date of this | amendatory Act of the 96th General Assembly shall become | resident judgeships of the 12th judicial circuit to be allotted | by the Supreme Court under subsection (c) and filled by | election, except that the Supreme Court may fill those | judgeships by appointment for any remainder of a vacated term | until the resident judgeships are filled initially by election. | (a-20) As used in subsections (a-10) and (a-15) this | subsection , a vacancy does not include the
expiration of a term | of an at large or resident judge who seeks
retention in that |
| office at the next term.
| (b) The 12th circuit shall have 6 3 additional resident | judgeships, as well
as
its existing resident judgeship as | established in subsection (a-10) or
judgeships , and existing at | large judgeships, for a
total of 15 12 judgeships available to | be allotted under subsection (c)
to the 10 5 subcircuit | resident
judgeships. The
additional resident
judgeship created
| by Public Act 93-541 shall be filled by election beginning at | the
general
election in
2006. The 2 additional resident | judgeships created by this amendatory Act of 2004 shall be | filled by election beginning at the general election in 2008. | The additional resident judgeships created by this amendatory | Act of the 96th General Assembly shall be filled by election | beginning at the general election in 2010. After the | subcircuits are created by
law, the Supreme Court may fill by | appointment the additional resident judgeships created by | Public Act 93-541 , and
this
amendatory Act of 2004 , and this | amendatory Act of the 96th General Assembly until the 2006 , or | 2008 , or 2010
general
election, as the case may be.
| (b-5) In addition to the number of circuit judges and | resident judges otherwise authorized by law, and | notwithstanding any other provision of law, beginning on April | 1, 2006 there shall be one additional resident judge who is a | resident of and elected from the fourth judicial subcircuit of | the 12th judicial circuit. That additional resident judgeship | may be filled by appointment by the Supreme Court until filled |
| by election at the general election in 2008, regardless of | whether the judgeships for subcircuits 1, 2, and 3 have been | filled. | (c) The Supreme Court shall allot (i) the additional | resident judgeships
of the 12th circuit created by Public Act | 93-541 , and this amendatory Act of 2004, and this amendatory | Act of the 96th General Assembly, and (ii)
the second vacancy | in the at large and resident judgeships of the 12th
circuit as | provided in subsection (a-10),
and (iii) the 2 formerly at | large judgeships described in subsection (a-15) as they become | available, for election from the
various
subcircuits until, | with the additional judge of the fourth subcircuit described in | subsection (b-5), there are 2 is one resident judges judge to | be elected from each
subcircuit. No at large or resident judge | of the 12th circuit serving on
August 18, 2003 shall be
| required to change his or her residency in order to continue | serving in office
or
to seek retention in office as at large or | resident judgeships are allotted by
the
Supreme Court in | accordance with this Section.
| (d) A resident judge elected from a subcircuit shall | continue to reside in
that
subcircuit as long as he or she | holds that office. A resident judge elected from a subcircuit | after January 1, 2008, must retain residency as a registered | voter in the subcircuit to run for retention from the circuit | at large thereafter.
| (e) Vacancies in resident judgeships of the 12th circuit |
| shall be filled
in the manner provided in Article VI of the | Illinois Constitution , except as otherwise provided in this | Section .
| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| (705 ILCS 35/2f-5)
| Sec. 2f-5. 22nd circuit; subcircuits; additional resident | judgeship.
| (a) The 22nd circuit shall be divided into 4 subcircuits. | The
subcircuits shall be
compact, contiguous, and | substantially equal in population. The General
Assembly by law | shall
create the subcircuits, using population
data as
| determined by the 2000 federal census, and
shall determine a | numerical order for the 4 subcircuits. That numerical
order | shall
be the basis for the order in which resident judgeships | are assigned to the
subcircuits.
Once a resident judgeship is
| assigned to a subcircuit, it shall continue to be
assigned to
| that subcircuit for all purposes.
| (b) Other than the resident judgeship added by this | amendatory Act of the 96th General Assembly, the The 22nd | circuit shall have one additional resident judgeship, as well | as its 3 existing resident judgeships, for a total of 4 | resident judgeships to be allotted to the 4 subcircuit resident | judgeships. The additional resident judgeship created by this | amendatory Act of the 93rd General Assembly shall be filled by | election beginning at the general election in 2006 and shall |
| not be filled by appointment before the general election in | 2006.
The number of resident judgeships allotted to subcircuits | of the 22nd judicial circuit pursuant to this Section , and the | resident judgeship added by this amendatory Act of the 96th | General Assembly, shall constitute all the resident judgeships | of the 22nd judicial circuit.
| (c) The Supreme Court shall allot (i)
all eligible | vacancies in
resident
judgeships of the 22nd circuit existing | on or occurring on or after August 18, 2003 and not filled at | the 2004 general election, (ii) the resident
judgeships of the | 22nd circuit filled at the 2004 general election as
those | judgeships thereafter become vacant,
and (iii) the additional | resident judgeship of the 22nd circuit created by this | amendatory Act of the 93rd General Assembly, for election from | the
various
subcircuits until there is one resident judge to be | elected from each
subcircuit.
No resident judge of the 22nd | circuit serving on
August 18, 2003 shall be
required to change | his or her residency in order to continue serving in office
or
| to seek retention in office as resident judgeships are allotted | by the
Supreme Court in accordance with this Section.
| (d) A resident judge elected from a subcircuit shall | continue to reside in
that
subcircuit as long as he or she | holds that office. A resident judge elected from a subcircuit | after January 1, 2008, must retain residency as a registered | voter in the subcircuit to run for retention from the circuit | at large thereafter.
|
| (e) Vacancies in resident judgeships of the 22nd circuit | shall be
filled
in the manner provided in Article VI of the | Illinois Constitution.
| (Source: P.A. 94-727, eff. 2-14-06; 95-610, eff. 9-11-07.)
| (705 ILCS 35/2f-6) | Sec. 2f-6. 17th judicial circuit; subcircuits. | (a) The 17th circuit shall be divided into 4 subcircuits. | The
subcircuits shall be
compact, contiguous, and | substantially equal in population. The General
Assembly by law | shall
create the subcircuits, using population
data as
| determined by the 2000 federal census, and
shall determine a | numerical order for the 4 subcircuits. That
numerical order | shall be the basis for the order in which resident judgeships
| are assigned to
the subcircuits. Once a resident judgeship is | assigned to a subcircuit, it
shall continue to be assigned to | that subcircuit for all purposes.
| (a-10) Of the 17th circuit's 9 existing circuit judgeships | existing on April 7, 2005 (6 at large and
3 resident), but not | including the one resident judgeship added by this amendatory | Act of the 96th General Assembly, the 3 resident judgeships | shall be allotted as 17th circuit resident judgeships under
| subsection (c) as those resident judgeships
are or become | vacant on or after the effective date of this amendatory Act of | the 93rd General Assembly. Of the 17th circuit's associate | judgeships, the first associate judgeship that is or becomes |
| vacant on or after the effective date of this amendatory Act of | the 93rd General Assembly shall become a resident judgeship of | the 17th circuit to be allotted by the Supreme Court under | subsection (c) as a resident subcircuit judgeship. These | resident judgeships , and the one resident judgeship added by | this amendatory Act of the 96th General Assembly, shall | constitute all of the resident judgeships of the 17th circuit. | As used in this subsection, a vacancy does not include the
| expiration of a term of a resident judge who seeks
retention in | that office at the next term. A vacancy does not exist or occur | at the expiration of an associate judge's term if the associate | judge is reappointed.
| (b) The 17th circuit shall have a total of 4 judgeships (3 | resident judgeships existing on April 7, 2005 and one associate | judgeship ) , but not including the one resident judgeship added | by this amendatory Act of the 96th General Assembly, available | to be allotted to the 4 subcircuit resident judgeships.
| (c) The Supreme Court shall allot (i) the 3 resident
| judgeships of the 17th circuit existing on April 7, 2005 as | they are or become vacant as provided in subsection (a-10) and | (ii) the one associate judgeship converted into a resident | judgeship of the 17th circuit as it is or becomes vacant as | provided in subsection (a-10),
for election from the
various
| subcircuits until there is one resident judge to be elected | from each
subcircuit.
No resident or associate judge of the | 17th circuit serving on
the effective date of this amendatory |
| Act of the 93rd General Assembly shall be
required to change | his or her residency in order to continue serving in office
or
| to seek retention or reappointment in office as resident | judgeships are allotted by the
Supreme Court in accordance with | this Section.
| (d) A resident judge elected from a subcircuit shall | continue to reside in
that
subcircuit as long as he or she | holds that office.
A resident judge elected from a subcircuit | after January 1, 2008, must retain residency as a registered | voter in the subcircuit to run for retention from the circuit | at large thereafter.
| (e) Vacancies in resident judgeships of the 17th circuit | shall be
filled
in the manner provided in Article VI of the | Illinois Constitution.
| (Source: P.A. 95-610, eff. 9-11-07.) | (705 ILCS 35/2f-9) | Sec. 2f-9. 16th judicial circuit; subcircuits. | (a) The 16th circuit shall be divided into 5 subcircuits. | The
subcircuits shall be
compact, contiguous, and | substantially equal in population. The General
Assembly by law | shall
create the subcircuits, using population
data as
| determined by the 2000 federal census, and
shall determine a | numerical order for the 5 subcircuits. That
numerical order | shall be the basis for the order in which resident judgeships
| are assigned to
the subcircuits. Once a resident judgeship is |
| assigned to a subcircuit, it
shall continue to be assigned to | that subcircuit for all purposes.
| (b) Of the 16th circuit's 16 existing circuit judgeships | existing on April 7, 2005 (7 at large and
9 resident), but not | including the 3 resident judgeships added by this amendatory | Act of the 96th General Assembly, 5 of the 9 resident | judgeships shall be allotted as 16th circuit resident | judgeships under
subsection (c) as (i) the first resident | judgeship of DeKalb County, (ii) the first resident judgeship | of Kendall County, and (iii) the first 2 resident judgeships
of | Kane County are or become vacant on or after the effective date | of this amendatory Act of the 93rd General Assembly, and (iv) | the first resident judgeship of Kane County (in addition to the | 2 vacancies under item (iii)) is or becomes vacant after the | effective date of this amendatory Act of the 94th General | Assembly. These 5 resident subcircuit judgeships and the | remaining 7 4 resident judgeships shall constitute all of the | resident judgeships of the 16th circuit. As used in this | subsection, a vacancy does not include the
expiration of a term | of a resident judge who seeks
retention in that office at the | next term.
| (c) The Supreme Court shall allot the first eligible DeKalb | County vacancy, the first eligible Kendall County vacancy, and | the first 3 eligible Kane County vacancies in resident | judgeships of the 16th circuit as provided in subsection (b),
| for election from the
various
subcircuits. The judgeships shall |
| be assigned to the subcircuits based upon the numerical order | of the 5 subcircuits. No resident judge of the 16th circuit | serving on
the effective date of this amendatory Act of the | 93rd General Assembly shall be
required to change his or her | residency in order to continue serving in office
or
to seek | retention in office as judgeships are allotted by the
Supreme | Court in accordance with this Section.
| (d) A resident judge elected from a subcircuit shall | continue to reside in
that
subcircuit as long as he or she | holds that office.
A resident judge elected from a subcircuit | after January 1, 2008, must retain residency as a registered | voter in the subcircuit to run for retention from the circuit | at large thereafter.
| (e) Vacancies in resident judgeships of the 16th circuit | shall be
filled
in the manner provided in Article VI of the | Illinois Constitution.
| (Source: P.A. 94-3, eff. 5-31-05; 95-610, eff. 9-11-07.) | (705 ILCS 35/2k new)
| Sec. 2k. Additional 16th circuit resident judge; Kane | County. In addition to the number of circuit judges otherwise | authorized by this Act, there shall be one additional judge | elected in the 16th judicial circuit who shall be a resident of | and elected from Kane County. The additional resident circuit | judgeship created by this Section may be filled by appointment | by the Illinois Supreme Court until the judgeship is filled by |
| election beginning at the 2010 general election. The judgeship | provided by this Section shall not be a subcircuit judgeship. | (705 ILCS 35/2m new)
| Sec. 2m. Additional 16th circuit resident judge; DeKalb | County. In addition to the number of circuit judges otherwise | authorized by this Act, there shall be one additional judge | elected in the 16th judicial circuit who shall be a resident of | and elected from DeKalb County. The additional resident circuit | judgeship created by this Section may be filled by appointment | by the Illinois Supreme Court until the judgeship is filled by | election beginning at the 2010 general election. The judgeship | provided by this Section shall not be a subcircuit judgeship. | (705 ILCS 35/2n new) | Sec. 2n. Additional 16th circuit resident judge; Kendall | County. In addition to the number of circuit judges otherwise | authorized by this Act, there shall be one additional judge | elected in the 16th judicial circuit who shall be a resident of | and elected from Kendall County. The additional resident | circuit judgeship created by this Section may be filled by | appointment by the Illinois Supreme Court until the judgeship | is filled by election beginning at the 2010 general election. | The judgeship provided by this Section shall not be a | subcircuit judgeship. |
| (705 ILCS 35/2p new)
| Sec. 2p. Additional 13th circuit resident judge; Grundy | County. In addition to the number of circuit judges otherwise | authorized by this Act, there shall be one additional circuit | judge in the
13th circuit who shall be a resident of and | elected from Grundy County. The judgeship shall be filled by | appointment until it is filled by election at the general | election in November of 2010. | (705 ILCS 35/2q new) | Sec. 2q. Additional 17th circuit resident judge; Boone | County. In addition to the number of circuit judges otherwise | authorized by this Act, there shall be one additional judge | elected in the 17th judicial circuit who shall be a resident of | and elected from Boone County. The additional resident circuit | judgeship created by this Section may be filled by appointment | by the Illinois Supreme Court until the judgeship is filled by | election beginning at the 2010 general election. The judgeship | provided by this Section shall not be a subcircuit judgeship. A | resident judge elected from Boone County under this Section | must continue to reside in Boone County as long as he or she | holds that office. | (705 ILCS 35/2r new)
| Sec. 2r. Additional 22nd circuit resident judge. In | addition to the number of circuit judges otherwise authorized |
| by this Act, there shall be one additional judge elected in the | 22nd judicial circuit. The additional resident circuit | judgeship created by this Section may be filled by appointment | by the Illinois Supreme Court until the judgeship is filled by | election beginning at the 2010 general election. The judgeship | provided by this Section shall not be a subcircuit judgeship. | Section 10. The Associate Judges Act is amended by adding | Sections 2.2, 2.3, 2.4, and 2.5 as follows: | (705 ILCS 45/2.2 new)
| Sec. 2.2. Additional associate judge; 16th circuit. In | addition to the number of associate judges authorized under | Sections 2 and 2.1 of this Act, there shall be one additional | associate judge appointed in the 16th circuit. | (705 ILCS 45/2.3 new) | Sec. 2.3. Additional associate judge; 17th circuit. In | addition to the number of associate judges authorized under | Sections 2 and 2.1 of this Act, there shall be one additional | associate judge appointed in the 17th circuit. | (705 ILCS 45/2.4 new)
| Sec. 2.4. Additional associate judges; 18th circuit. In | addition to the number of associate judges authorized under | Sections 2 and 2.1 of this Act, there shall be 2 additional |
| associate judges appointed in the 18th circuit. | (705 ILCS 45/2.5 new)
| Sec. 2.5. Additional associate judge; 13th circuit. In | addition to the number of associate judges authorized under | Sections 2 and 2.1 of this Act, there shall be one additional | associate judge appointed in the 13th circuit.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 07/30/2009
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