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| Public Act 097-0585 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Circuit Courts Act is amended by changing | ||||
Sections 1 and 2f-9 and by adding Sections 2f-10 and 2f-11 as | ||||
follows:
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(705 ILCS 35/1) (from Ch. 37, par. 72.1)
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Sec. 1. Judicial circuits created. The county of Cook shall | ||||
be one
judicial circuit and the State of
Illinois, exclusive of | ||||
the county of Cook, shall be and is divided into
judicial | ||||
circuits as follows:
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First Circuit--The counties of Alexander, Pulaski, Massac, | ||||
Pope,
Johnson, Union, Jackson, Williamson and Saline.
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Second Circuit--The counties of Hardin, Gallatin, White, | ||||
Hamilton,
Franklin, Wabash, Edwards, Wayne, Jefferson, | ||||
Richland, Lawrence and
Crawford.
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Third Circuit--The counties of Madison and Bond.
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Fourth Circuit--The counties of Clinton, Marion, Clay, | ||||
Fayette,
Effingham, Jasper, Montgomery, Shelby and Christian.
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Fifth Circuit--The counties of Vermilion, Edgar, Clark, | ||||
Cumberland and
Coles.
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Sixth Circuit--The counties of Champaign, Douglas, | ||||
Moultrie, Macon,
DeWitt and Piatt.
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Seventh Circuit--The counties of Sangamon, Macoupin, | ||
Morgan, Scott,
Greene and Jersey.
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Eighth Circuit--The counties of Adams, Schuyler, Mason, | ||
Cass, Brown,
Pike, Calhoun and Menard.
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Ninth Circuit--The counties of Knox, Warren, Henderson, | ||
Hancock,
McDonough and Fulton.
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Tenth Circuit--The counties of Peoria, Marshall, Putnam, | ||
Stark and
Tazewell.
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Eleventh Circuit--The counties of McLean,
Livingston, | ||
Logan, Ford and
Woodford.
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Twelfth Circuit--The county of Will.
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Thirteenth Circuit--The counties of Bureau, LaSalle and | ||
Grundy.
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Fourteenth Circuit--The counties of Rock Island, Mercer, | ||
Whiteside and
Henry.
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Fifteenth Circuit--The counties of JoDaviess, Stephenson, | ||
Carroll, Ogle
and Lee.
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Sixteenth Circuit--Before December 3, 2012, the counties | ||
of Kane, DeKalb, and Kendall. On and after December 3, 2012, | ||
the County of Kane. The counties of Kane, DeKalb and Kendall.
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Seventeenth Circuit--The counties of Winnebago and Boone.
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Eighteenth Circuit--The county of DuPage.
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Nineteenth Circuit--Before December 4, 2006, the counties | ||
of Lake and
McHenry. On and after December 4, 2006, the County | ||
of Lake.
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Twentieth Circuit--The counties of Randolph, Monroe, St. | ||
Clair,
Washington and Perry.
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Twenty-first Circuit--The counties of Iroquois and | ||
Kankakee.
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Twenty-second Circuit--On and after December 4, 2006, the | ||
County of
McHenry.
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Twenty-third Circuit--On and after December 3, 2012, the | ||
counties of DeKalb and Kendall. | ||
(Source: P.A. 93-541, eff. 8-18-03.)
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(705 ILCS 35/2f-9) | ||
Sec. 2f-9. 16th judicial circuit; subcircuits. | ||
(a) The 16th circuit shall be divided into 4 5 subcircuits. | ||
Subcircuits 1, 2, and 4 of the 16th circuit in existence on | ||
April 15, 2011 shall continue to use their established | ||
boundaries in the new 16th circuit as of December 3, 2012. | ||
Subcircuit 3 in existence on April 15, 2011 shall continue to | ||
use its established boundary until December 3, 2012. For a | ||
judge elected to subcircuit 3 as of April 15, 2011, the current | ||
boundaries in existence as of April 15, 2011 shall continue | ||
until the conclusion of the existing term of office, following | ||
the 2012 general election, and upon the conclusion of the | ||
existing term of office, the new boundary shall go into effect. | ||
The new boundary for subcircuit 3 shall contain and be made up | ||
of the following townships in the County of Kane, excluding the | ||
portions of the townships currently served by subcircuit 1, 2, | ||
or 4: Aurora, Blackberry, Big Rock, Burlington, Campton, | ||
Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar | ||
Grove, and Virgil. The
subcircuits shall be
compact, | ||
contiguous, and substantially equal in population. The General
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Assembly by law shall
create the subcircuits, using population
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data as
determined by the 2000 federal census, and
shall | ||
determine a numerical order for the 4 5 subcircuits. That
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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.
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(b) (Blank). Of the 16th circuit's 16 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 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 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),
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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.
No resident judge | ||
elected from a subcircuit serving on the effective date of this | ||
amendatory Act of the 97th General Assembly shall be required | ||
to change his or her residency in order to continue serving in | ||
or to seek retention in office until the 2012 general election, | ||
or until the conclusion of the existing term. | ||
(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.
A resident judge elected from a subcircuit | ||
after January 1, 2011, 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.
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(Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.) | ||
(705 ILCS 35/2f-10 new) | ||
Sec. 2f-10. 16th and 23rd judicial circuits. | ||
(a) On December 3, 2012, the 16th judicial circuit is | ||
divided into the 16th and 23rd judicial circuits as provided in | ||
Section 1 of the Circuit Courts Act. This division does not | ||
invalidate any action taken by the 16th judicial circuit or any | ||
of its judges, officers, employees, or agents before December | ||
3, 2012. 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 16th | ||
judicial circuit or any of its judges, officers, employees, or | ||
agents before December 3, 2012. | ||
(b) The 16th circuit shall have one additional resident | ||
judgeship to be allotted by the Supreme Court under subsection | ||
(d). The additional resident judgeship shall be filled by | ||
election beginning at the 2012 general election. | ||
(c) The 16th circuit shall have an additional resident | ||
judgeship from Kendall County to be allotted by the Supreme | ||
Court. The additional judgeship shall be filled by election | ||
beginning at the 2012 general election. This judgeship shall | ||
become a resident judgeship from Kendall County in the 23rd | ||
circuit on December 3, 2012. | ||
(d) The Supreme Court shall allot: (i) all vacancies in at | ||
large judgeships or resident judgeships from the County of Kane | ||
of the 16th circuit existing on or occurring on or after the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, excluding the vacancy in subsection (e); and (ii) the | ||
one resident judgeship added by subsection (b), for election | ||
from the various subcircuits until there are 2 resident judges | ||
to be elected from each subcircuit. The additional resident | ||
judgeship added by subsection (b) that shall be filled by | ||
election beginning at the 2012 general election shall be | ||
assigned to subcircuit 2. The Supreme Court may fill the | ||
judgeship by appointment prior to the 2012 general election. | ||
The vacancies allotted by the Supreme Court under this | ||
subsection shall become resident judgeships of the 16th circuit | ||
to be assigned to the 3rd, 1st, and 4th subcircuits in that | ||
order. Subcircuit judgeships in the 3rd, 1st, and 4th | ||
subcircuits shall be filled by election as vacancies occur. No | ||
resident judge of the 16th circuit serving on the effective | ||
date of this amendatory Act of the 97th 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. As used in this subsection, a vacancy does not | ||
include the expiration of a term of an at large judge or of a | ||
resident judge who intends to seek retention in that office at | ||
the next term. | ||
(e) The Supreme Court shall assign to the 16th circuit the | ||
7 circuit judgeships elected at large in the 16th circuit | ||
before and at the 2012 general election. The 3 resident | ||
judgeships elected from Kane County before the 2012 general | ||
election shall become at large circuit judgeships on December | ||
3, 2012. An individual seeking election to one of the 7 | ||
judgeships at large or a judge seeking retention to one of the | ||
7 judgeships at large at the 2012 general election shall seek | ||
election or retention solely within the boundaries of Kane | ||
County.
The 7 circuit judgeships assigned to the 16th circuit | ||
shall continue to be elected at large, and the 3 resident | ||
judges shall be elected at large at the first general election | ||
following the expiration of a term of office. Of the 7 circuit | ||
judgeships elected at large as of April 15, 2011, and the 3 | ||
resident judgeships elected from Kane County before the general | ||
election of 2012 converting to at large judgeships on December | ||
3, 2012, the first vacancy occurring after December 3, 2012 | ||
shall be assigned to the 23rd circuit as a Kendall County | ||
resident judge. As used in this subsection, a vacancy does not | ||
include the expiration of a term of an at large judge or of a | ||
resident judge who intends to seek retention in that office at | ||
the next term. | ||
(f) The 3 resident judgeships elected from DeKalb County | ||
before the 2012 general election shall become resident | ||
judgeships from DeKalb County in the 23rd circuit on December | ||
3, 2012, and the 2 resident judgeships elected from Kendall | ||
County before the 2012 general election shall become resident | ||
judgeships from Kendall County in the 23rd circuit on December | ||
3, 2012. | ||
(g) The 4 subcircuit judgeships of the 16th circuit elected | ||
as of April 15, 2011, shall become the 4 subcircuit judgeships | ||
of the 16th circuit as established in Section 2f-9. The | ||
remaining unfilled subcircuit judgeship of the 16th circuit as | ||
of April 15, 2011 shall be eliminated. If the judgeship of the | ||
5th subcircuit of the 16th circuit is filled prior to the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, that judgeship shall be eliminated on December 3, | ||
2012. | ||
(h) On December 3, 2012, the Supreme Court shall allocate | ||
the associate judgeships of the 16th circuit before that date | ||
between the 16th and 23rd circuits. The number of associate | ||
judges allocated to the 23rd circuit shall be no less than 5. | ||
(i) On December 3, 2012, the Supreme Court shall allocate | ||
personnel, books, records, documents, property (real and | ||
personal), funds, assets, liabilities, and pending matters | ||
concerning the 16th circuit before that date between the 16th | ||
and 23rd 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 97th General Assembly. | ||
(j) The judgeships set forth in this Section include the | ||
judgeships authorized under Sections 2g, 2h, 2j, 2k, 2m, and | ||
2n. The judgeships authorized in those Sections are not in | ||
addition to those set forth in this Section. | ||
(705 ILCS 35/2f-11 new) | ||
Sec. 2f-11. 23rd judicial circuit. | ||
(a) The 23rd circuit shall have a total of 6 resident | ||
judgeships (5 resident judgeships existing on the effective | ||
date of this amendatory Act of the 97th General Assembly and | ||
the resident judgeship for Kendall County created by the first | ||
vacancy of an at large resident judgeship or resident judgeship | ||
in the new 16th circuit). | ||
(b) Vacancies in resident judgeships of the 23rd circuit | ||
shall be filled in the manner provided in Article VI of the | ||
Illinois Constitution.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||