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| Public Act 095-0610 |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Circuit Courts Act is amended by changing | ||||
Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
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(705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
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Sec. 2f. (a) The Circuit of Cook County shall be divided | ||||
into 15
units to be known as subcircuits. The subcircuits shall | ||||
be compact,
contiguous, and substantially equal in population.
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The General Assembly
shall create the subcircuits by law on or | ||||
before
July 1, 1991, using population data as determined by the | ||||
1990 Federal census.
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(b) The 165 resident judges to be elected from the Circuit | ||||
of Cook
County shall be determined under paragraph (4) of | ||||
subsection (a) of Section 2 of the
Judicial Vacancies Act.
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(c) The Supreme Court shall allot (i) the additional | ||||
resident judgeships
provided by paragraph (4) of subsection (a) | ||||
of Section 2 of the Judicial Vacancies Act
and (ii) all | ||||
vacancies in
resident judgeships existing on or occurring on or | ||||
after the effective date
of this amendatory Act of 1990,
with | ||||
respect to the other resident judgeships of the Circuit
of Cook | ||||
County, for election from the various subcircuits until there | ||||
are
11 resident judges to be
elected from each of the 15 | ||||
subcircuits (for a total of 165). A resident
judgeship | ||
authorized before the effective date of this amendatory Act of
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1990 that became vacant and was filled by appointment by the | ||
Supreme Court
before that effective date shall be filled by | ||
election at the general
election in November of 1992 from the | ||
unit of the Circuit of Cook County
within Chicago or the unit | ||
of that Circuit outside Chicago, as the case may
be, in which | ||
the vacancy occurred.
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(d) As soon as practicable after the subcircuits are | ||
created by law, the
Supreme Court shall determine by lot a | ||
numerical order for the 15
subcircuits. That numerical order | ||
shall be the basis for the order in which resident
judgeships | ||
are assigned to the subcircuits. After the first round of
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assignments, the second and all later rounds shall be based on | ||
the same
numerical order. Once a resident judgeship is assigned | ||
to a subcircuit,
it shall continue to be assigned to that | ||
subcircuit for all purposes.
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(e) 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.
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(Source: P.A. 86-1478.)
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(705 ILCS 35/2f-2)
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Sec. 2f-2. 19th judicial circuit; subcircuits.
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(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
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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
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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.
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(b) The 19th circuit shall have a total of 6 resident | ||
judgeships. 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.
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(c) The Supreme Court shall allot (i)
all vacancies in
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resident
judgeships of the 19th circuit existing on or | ||
occurring on or after the
effective date of this
amendatory Act
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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,
for election from the
various
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subcircuits until there 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
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Supreme Court in accordance with this Section.
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(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.
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(e) Vacancies in resident judgeships of the 19th circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | ||
93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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(705 ILCS 35/2f-4)
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Sec. 2f-4. 12th circuit; subcircuits; additional judges.
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(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
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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
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assigned to a subcircuit, it shall continue to be
assigned to
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that subcircuit for all purposes.
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(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). As used in this subsection, a vacancy does not include the
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expiration of a term of an at large or resident judge who seeks
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retention in that office at the next term.
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(b) The 12th circuit shall have 3 additional resident | ||
judgeships, as well
as
its existing resident judgeship or
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judgeships, and existing at large judgeships, for a
total of 12 | ||
judgeships available to be allotted under subsection (c)
to the | ||
5 subcircuit resident
judgeships. The
additional resident
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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. 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 until the 2006 or 2008
general
election, as the case | ||
may be.
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(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 (ii)
the second | ||
vacancy in the at large and resident judgeships of the 12th
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circuit as provided in subsection (a-10),
for election from the
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various
subcircuits until, with the additional judge of the | ||
fourth subcircuit described in subsection (b-5), there is one | ||
resident 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.
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(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.
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(e) Vacancies in resident judgeships of the 12th circuit | ||
shall be filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | ||
93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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(705 ILCS 35/2f-5)
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Sec. 2f-5. 22nd circuit; subcircuits; additional resident | ||
judgeship.
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(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
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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
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assigned to a subcircuit, it shall continue to be
assigned to
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that subcircuit for all purposes.
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(b) 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 shall constitute all the resident judgeships of | ||
the 22nd judicial circuit.
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(c) The Supreme Court shall allot (i)
all vacancies in
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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
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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
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Supreme Court in accordance with this Section.
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(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.
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(e) Vacancies in resident judgeships of the 22nd circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-541, eff. 8-18-03; 93-1040, eff. 9-28-04; | ||
93-1102, eff. 4-7-05; 94-727, eff. 2-14-06.)
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(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
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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
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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.
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(a-10) Of the 17th circuit's 9 existing circuit judgeships | ||
(6 at large and
3 resident), 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 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.
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(b) The 17th circuit shall have a total of 4 judgeships (3 | ||
resident and one associate) available to be allotted to the 4 | ||
subcircuit resident judgeships.
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(c) The Supreme Court shall allot (i) the 3 resident
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judgeships of the 17th circuit 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.
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(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.
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(e) Vacancies in resident judgeships of the 17th circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-1102, eff. 4-7-05.) | ||
(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
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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
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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.
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(b) Of the 16th circuit's 16 existing circuit judgeships (7 | ||
at large and
9 resident), 5 of the 9 resident judgeships shall | ||
be allotted as 16th circuit resident judgeships under
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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 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.
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(c) The Supreme Court shall allot the first DeKalb County | ||
vacancy, the first Kendall County vacancy, and the first 3 Kane | ||
County vacancies in resident judgeships of the 16th circuit as | ||
provided in subsection (b),
for election from the
various
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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
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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.
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(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.
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(e) Vacancies in resident judgeships of the 16th circuit | ||
shall be
filled
in the manner provided in Article VI of the | ||
Illinois Constitution.
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(Source: P.A. 93-1102, eff. 4-7-05; 94-3, eff. 5-31-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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