Bill Text: IL HJRCA0011 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Proposes to amend the Judiciary Article of the Illinois Constitution relating to the eligibility to be elected or appointed as a Judge or Associate Judge. Provides that in order to be eligible for election or appointment as a Judge or Associate Judge after the adoption of the Amendment, the person must have actively practiced law in the State for at least 10 years before his or her election or appointment as a Judge or Associate Judge and his or her license to practice law in the State must not have been suspended or revoked for disciplinary reasons by the Supreme Court, and the person must have been certified as qualified to be a Judge or Associate Judge by at least 5 members of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Provides that the certification is for 2 years and the person is subject to recertification if the person meets the requirements. Provides that before a candidate for Judge is eligible to circulate petitions or be placed on the ballot for nomination or election as a Supreme, Appellate and Circuit Judge, he or she must be certified as qualified to hold the office of Judge by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Effective upon adoption and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of the Amendment.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-05 - Tabled Pursuant to Rule 46 [HJRCA0011 Detail]

Download: Illinois-2011-HJRCA0011-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0011 Introduced , by Rep. William Cunningham SYNOPSIS AS INTRODUCED:
ILCON Art. VI, Sec. 8
ILCON Art. VI, Sec. 11
ILCON Art. VI, Sec. 12
Proposes to amend the Judiciary Article of the Illinois Constitution relating to the eligibility to be elected or appointed as a Judge or Associate Judge. Provides that in order to be eligible for election or appointment as a Judge or Associate Judge after the adoption of the Amendment, the person must have actively practiced law in the State for at least 10 years before his or her election or appointment as a Judge or Associate Judge and his or her license to practice law in the State must not have been suspended or revoked for disciplinary reasons by the Supreme Court, and the person must have been certified as qualified to be a Judge or Associate Judge by at least 5 members of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Provides that the certification is for 2 years and the person is subject to recertification if the person meets the requirements. Provides that before a candidate for Judge is eligible to circulate petitions or be placed on the ballot for nomination or election as a Supreme, Appellate and Circuit Judge, he or she must be certified as qualified to hold the office of Judge by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Effective upon adoption and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of the Amendment.
LRB097 05130 RLC 47184 e
HC0011 LRB097 05130 RLC 47184 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to amend Sections 8, 11, and 12
of Article VI of the Illinois Constitution as follows:
ARTICLE VI
THE JUDICIARY
(ILCON Art. VI, Sec. 8)
SECTION 8. ASSOCIATE JUDGES
Each Circuit Court shall have such number of Associate
Judges as provided by law. Associate Judges shall be appointed
by the Circuit Judges in each circuit as the Supreme Court
shall provide by rule. In the First Judicial District, unless
otherwise provided by law, at least one-fourth of the Associate
Judges shall be appointed from, and reside, outside Chicago.
The Supreme Court shall provide by rule for matters to be
assigned to Associate Judges. A person shall not be appointed
as an Associate Judge after the adoption of this Amendment
unless he or she has been certified as qualified by the

HC0011 - 2 - LRB097 05130 RLC 47184 e
Attorney Registration and Disciplinary Commission of the
Supreme Court of Illinois as provided in Section 11 of this
Article.
(Source: Illinois Constitution.)
(ILCON Art. VI, Sec. 11)
SECTION 11. ELIGIBILITY FOR OFFICE
No person shall be eligible to be a Judge or Associate
Judge unless he is a United States citizen, a licensed
attorney-at-law of this State, and a resident of the unit which
selects him. No change in the boundaries of a unit shall affect
the tenure in office of a Judge or Associate Judge incumbent at
the time of such change. A person who is not a Judge or
Associate Judge on the date that this Amendment is adopted
shall not be eligible to be a Judge or Associate Judge unless
he or she has actively practiced law in this State for at least
10 years before his or her election or appointment as a Judge
or Associate Judge and his or her license to practice law in
this State has not been suspended or revoked for disciplinary
reasons by the Supreme Court, and the person has been certified
as qualified to be a Judge or Associate Judge by at least 5
members of the Attorney Registration and Disciplinary
Commission of the Supreme Court of Illinois. The certification
by the Attorney Registration and Disciplinary Commission of the
Supreme Court of Illinois shall be effective for 2 years after
it is issued. A person issued certification is eligible for

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recertification if the requirements of this Section are met.
During the evaluation process, the Commission shall consider
each candidate's legal experience, skill and knowledge, as well
as his or her academic background, personal character,
commitment to community service, and professional conduct and
temperament. The Commission may consult with the Illinois State
Bar Association and other well established local bar
associations in evaluating applicants for Judge or Associate
Judge. The Commission shall charge an applicant for Judge or
Associate Judge a suitable fee, set by the Commission, in an
amount necessary to defray all costs incurred by the evaluation
process.
(Source: Illinois Constitution.)
(ILCON Art. VI, Sec. 12)
SECTION 12. ELECTION AND RETENTION
(a) Supreme, Appellate and Circuit Judges shall be
nominated at primary elections or by petition. Judges shall be
elected at general or judicial elections as the General
Assembly shall provide by law. A person eligible for the office
of Judge may cause his name to appear on the ballot as a
candidate for Judge at the primary and at the general or
judicial elections by submitting petitions. The General
Assembly shall prescribe by law the requirements for petitions.
(b) The office of a Judge shall be vacant upon his death,
resignation, retirement, removal, or upon the conclusion of his

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term without retention in office. Whenever an additional
Appellate or Circuit Judge is authorized by law, the office
shall be filled in the manner provided for filling a vacancy in
that office.
(c) A vacancy occurring in the office of Supreme, Appellate
or Circuit Judge shall be filled as the General Assembly may
provide by law. In the absence of a law, vacancies may be
filled by appointment by the Supreme Court. A person appointed
to fill a vacancy 60 or more days prior to the next primary
election to nominate Judges shall serve until the vacancy is
filled for a term at the next general or judicial election. A
person appointed to fill a vacancy less than 60 days prior to
the next primary election to nominate Judges shall serve until
the vacancy is filled at the second general or judicial
election following such appointment.
(d) Not less than six months before the general election
preceding the expiration of his term of office, a Supreme,
Appellate or Circuit Judge who has been elected to that office
may file in the office of the Secretary of State a declaration
of candidacy to succeed himself. The Secretary of State, not
less than 63 days before the election, shall certify the
Judge's candidacy to the proper election officials. The names
of Judges seeking retention shall be submitted to the electors,
separately and without party designation, on the sole question
whether each Judge shall be retained in office for another
term. The retention elections shall be conducted at general

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elections in the appropriate Judicial District, for Supreme and
Appellate Judges, and in the circuit for Circuit Judges. The
affirmative vote of three-fifths of the electors voting on the
question shall elect the Judge to the office for a term
commencing on the first Monday in December following his
election.
(e) A law reducing the number of Appellate or Circuit
Judges shall be without prejudice to the right of the Judges
affected to seek retention in office. A reduction shall become
effective when a vacancy occurs in the affected unit.
(f) After the adoption of this Amendment, before a
candidate for Judge is eligible to circulate petitions or be
placed on the ballot for nomination or election as a Supreme,
Appellate and Circuit Judge, he or she must be certified as
qualified to hold the office of Judge by the Attorney
Registration and Disciplinary Commission of the Supreme Court
of Illinois as provided in Section 11 of this Article VI.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act and applies only to persons
seeking election or appointment as a Judge or Associate Judge
after the adoption of this Amendment.