Bill Text: IL SB1774 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Circuit Courts Act, the Judicial Vacancies Act, and the Associate Judges Act. Increases the number of resident judges in Cook County from 165 to 270, the new judges to replace vacating judges as vacancies occur in Cook County circuit judgeships and associate judgeships. Reduces the number of circuit judges in Cook County by 94 as vacancies occur on and after the effective date of the amendatory Act. Reduces the number of associate judges in Cook County by 11 as vacancies occur on and after the effective date of the amendatory Act. Provides that resident judgeship vacancies shall be filled by appointment by the Supreme Court. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-20 - Referred to Assignments [SB1774 Detail]

Download: Illinois-2015-SB1774-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1774 Introduced 2/20/2015, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
705 ILCS 35/2 from Ch. 37, par. 72.2
705 ILCS 35/2f from Ch. 37, par. 72.2f
705 ILCS 40/2 from Ch. 37, par. 72.42
705 ILCS 45/2 from Ch. 37, par. 160.2
Amends the Circuit Courts Act, the Judicial Vacancies Act, and the Associate Judges Act. Increases the number of resident judges in Cook County from 165 to 270, the new judges to replace vacating judges as vacancies occur in Cook County circuit judgeships and associate judgeships. Reduces the number of circuit judges in Cook County by 94 as vacancies occur on and after the effective date of the amendatory Act. Reduces the number of associate judges in Cook County by 11 as vacancies occur on and after the effective date of the amendatory Act. Provides that resident judgeship vacancies shall be filled by appointment by the Supreme Court. Effective immediately.
LRB099 10980 HEP 31337 b
JUDICIAL NOTE ACT MAY APPLY
A BILL FOR
SB1774 LRB099 10980 HEP 31337 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 and 2f 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 prior to the effective
date of this amendatory Act of the 99th General Assembly, and
for each vacancy that exists on or occurs on or after the
effective date of this amendatory Act of the 99th General
Assembly, that number shall be reduced by one until the 94
circuit judgeships have been allocated to subcircuits, and 3
circuit judges shall be elected in each of the other circuits
except as provided in this Section. 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

SB1774 - 2 - LRB099 10980 HEP 31337 b
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

SB1774 - 3 - LRB099 10980 HEP 31337 b
circuit may be reduced as provided in subsections (a-10) and
(a-15) of Section 2f-4.
In the 23rd judicial circuit, there shall be no at large
circuit judgeships and only resident circuit judges shall be
elected as provided in Sections 2f-10 and 2f-11.
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. 96-108, eff. 7-30-09; 97-1069, eff. 8-24-12.)
(705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
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.

SB1774 - 4 - LRB099 10980 HEP 31337 b
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.
(b) The 270 165 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.
(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 February 15, 1991 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 18 11 resident judges to be elected
from each of the 15 subcircuits (for a total of 270 165). A
resident judgeship authorized before February 15, 1991 the
effective date of this amendatory Act of 1990 that became
vacant and was filled by appointment by the Supreme Court
before February 15, 1991 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.
(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

SB1774 - 5 - LRB099 10980 HEP 31337 b
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. After the first round of
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.
(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.
(Source: P.A. 95-610, eff. 9-11-07.)
Section 10. The Judicial Vacancies Act is amended by
changing Section 2 as follows:
(705 ILCS 40/2) (from Ch. 37, par. 72.42)
Sec. 2. (a) Except as provided in paragraphs (1), (2), (3),
(4), and (5) of this subsection (a), vacancies in the office of
a resident circuit judge in any county or in any unit or
subcircuit of any circuit shall not be filled.
(1) If in any county of less than 45,000 inhabitants
there remains in office no other resident judge following
the occurrence of a vacancy, such vacancy shall be filled.
(2) If in any county of 45,000 or more but less than

SB1774 - 6 - LRB099 10980 HEP 31337 b
60,000 inhabitants there remains in office only one
resident judge following the occurrence of a vacancy, such
vacancy shall be filled.
(3) If in any county of 60,000 or more inhabitants,
other than the County of Cook or as provided in paragraph
(5), there remain in office no more than 2 resident judges
following the occurrence of a vacancy, such vacancy shall
be filled.
(4) The County of Cook shall have 270 165 resident
judges on and after the effective date of this amendatory
Act of the 99th General Assembly 1990. Of those resident
judgeships, (i) 56 shall be those authorized before
February 15, 1991 the effective date of this amendatory Act
of 1990 from the unit of the Circuit of Cook County within
Chicago, (ii) 27 shall be those authorized before February
15, 1991 the effective date of this amendatory Act of 1990
from the unit of the Circuit of Cook County outside
Chicago, (iii) 12 shall be additional resident judgeships
first elected at the general election in November of 1992,
(iv) 10 shall be additional resident judgeships first
elected at the general election in November of 1994, and
(v) 60 shall be additional resident judgeships to be
authorized one each for each reduction upon vacancy in the
office of associate judge in the Circuit of Cook County as
those vacancies exist or occur on and after February 15,
1991 the effective date of this amendatory Act of 1990 and

SB1774 - 7 - LRB099 10980 HEP 31337 b
as those vacancies are determined under subsection (b) of
Section 2 of the Associate Judges Act until the total
resident judgeships authorized under this item (v) is 60,
(vi) 11 shall be additional resident judgeships to be
authorized one each for each reduction upon vacancy in the
office of associate judge in the Circuit of Cook County as
those vacancies exist or occur on and after the effective
date of this amendatory Act of the 99th General Assembly
and as those vacancies are determined under subsection (b)
of Section 2 of the Associate Judges Act until the total
resident judgeships authorized under this item (vi) is 11,
and (vii) 94 shall be additional resident judgeships to be
authorized one each for each reduction upon vacancy in the
office of circuit judge in the Circuit of Cook County as
those vacancies exist or occur on and after the effective
date of this amendatory Act of the 99th General Assembly
and as those vacancies are determined under Section 2 of
the Circuit Courts Act until the total resident judgeships
authorized under this item (vii) is 94. Seven of the 12
additional resident judgeships provided in item (iii) may
be filled by appointment by the Supreme Court during the
period beginning on February 15, 1991 the effective date of
this amendatory Act of 1990 and ending 60 days before the
primary election in March of 1992; those judicial
appointees shall serve until the first Monday in December
of 1992. Five of the 12 additional resident judgeships

SB1774 - 8 - LRB099 10980 HEP 31337 b
provided in item (iii) may be filled by appointment by the
Supreme Court during the period beginning July 1, 1991 and
ending 60 days before the primary election in March of
1992; those judicial appointees shall serve until the first
Monday in December of 1992. Five of the 10 additional
resident judgeships provided in item (iv) may be filled by
appointment by the Supreme Court during the period
beginning July 1, 1992 and ending 60 days before the
primary election in March of 1994; those judicial
appointees shall serve until the first Monday in December
of 1994. The remaining 5 of the 10 additional resident
judgeships provided in item (iv) may be filled by
appointment by the Supreme Court during the period
beginning July 1, 1993 and ending 60 days before the
primary election in March of 1994; those judicial
appointees shall serve until the first Monday in December
1994. The additional resident judgeships created upon
vacancy in the office of associate judge provided in item
(v) may be filled by appointment by the Supreme Court
beginning on February 15, 1991, and the additional resident
judgeships created upon vacancy in the office of associate
judge provided in item (vi) and in the office of the
circuit judge provided in item (vii) may be filled by
appointment by the Supreme Court beginning on the effective
date of this amendatory Act of the 99th General Assembly
the effective date of this amendatory Act of 1990; but no

SB1774 - 9 - LRB099 10980 HEP 31337 b
additional resident judgeships created upon vacancy in the
office of associate judge provided in item (v) shall be
filled during the 59 day period before the next primary
election to nominate judges. The Circuit of Cook County
shall be divided into units to be known as subcircuits as
provided in Section 2f of the Circuit Courts Act. A vacancy
in the office of resident judge of the Circuit of Cook
County existing on or occurring on or after February 15,
1991 the effective date of this amendatory Act of 1990, but
before the date the subcircuits are created by law, shall
be filled by appointment by the Supreme Court from the unit
within Chicago or the unit outside Chicago, as the case may
be, in which the vacancy occurs and filled by election from
the subcircuit to which it is allotted under Section 2f of
the Circuit Courts Act. A vacancy in the office of resident
judge of the Circuit of Cook County existing on or
occurring on or after the date the subcircuits are created
by law shall be filled by appointment by the Supreme Court
and by election from the subcircuit to which it is allotted
under Section 2f of the Circuit Courts Act.
(5) Notwithstanding paragraphs (1), (2), and (3) of
this subsection (a), resident judges in the 12th, 16th,
17th, 19th, 22nd, and 23rd judicial circuits are as
provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, 2f-9,
and 2f-10 of the Circuit Courts Act.
(b) Nothing in paragraphs (2) or (3) of subsection (a) of

SB1774 - 10 - LRB099 10980 HEP 31337 b
this Section shall be construed to require or permit in any
county a greater number of resident judges than there were
resident associate judges on January 1, 1967.
(c) Vacancies authorized to be filled by this Section 2
shall be filled in the manner provided in Article VI of the
Constitution.
(d) A person appointed to fill a vacancy in the office of
circuit judge shall be, at the time of appointment, a resident
of the subcircuit from which the person whose vacancy is being
filled was elected if the vacancy occurred in a circuit divided
into subcircuits. If a vacancy in the office of circuit judge
occurred in a circuit not divided into subcircuits, a person
appointed to fill the vacancy shall be, at the time of
appointment, a resident of the circuit from which the person
whose vacancy is being filled was elected. Except as provided
in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 of the
Circuit Courts Act, if a vacancy occurred in the office of a
resident circuit judge, a person appointed to fill the vacancy
shall be, at the time of appointment, a resident of the county
from which the person whose vacancy is being filled was
elected.
(Source: P.A. 98-744, eff. 7-16-14.)
Section 15. The Associate Judges Act is amended by changing
Section 2 as follows:

SB1774 - 11 - LRB099 10980 HEP 31337 b
(705 ILCS 45/2) (from Ch. 37, par. 160.2)
Sec. 2. (a) The maximum number of associate judges
authorized for each circuit is the greater of the applicable
minimum number specified in this Section or one for each 35,000
or fraction thereof in population as determined by the last
preceding Federal census, except for circuits with a population
of more than 3,000,000 where the maximum number of associate
judges is one for each 29,000 or fraction thereof in population
as determined by the last preceding federal census, reduced in
circuits of less than 200,000 inhabitants by the number of
resident circuit judges elected in the circuit in excess of one
per county. In addition, in circuits of 1,000,000 or more
inhabitants, there shall be one additional associate judge
authorized for each municipal district of the circuit court.
The number of associate judges to be appointed in each circuit,
not to exceed the maximum authorized, shall be determined from
time to time by the Circuit Court. The minimum number of
associate judges authorized for any circuit consisting of a
single county shall be 14, except that the minimum in the 22nd
circuit shall be 8 and except that the minimum in the 19th
circuit on and after December 4, 2006 shall be 20. The minimum
number of associate judges authorized for any circuit
consisting of 2 counties with a combined population of at least
275,000 but less than 300,000 shall be 10. The minimum number
of associate judges authorized for any circuit with a
population of at least 303,000 but not more than 309,000 shall

SB1774 - 12 - LRB099 10980 HEP 31337 b
be 10. The minimum number of associate judges authorized for
any circuit with a population of at least 329,000, but not more
than 335,000 shall be 11. The minimum number of associate
judges authorized for any circuit with a population of at least
173,000 shall be 5. As used in this Section, the term "resident
circuit judge" has the meaning given it in the Judicial
Vacancies Act.
(b) The maximum number of associate judges authorized under
subsection (a) for a circuit with a population of more than
3,000,000 shall be reduced as provided in this subsection (b).
For each vacancy that exists on or occurs on or after February
15, 1991 the effective date of this amendatory Act of 1990,
that maximum number shall be reduced by one until the total
number of associate judges authorized under subsection (a) is
reduced by 60. Additionally, for each vacancy that exists on or
occurs on or after the effective date of this amendatory Act of
the 99th General Assembly, that maximum number shall be reduced
by one until the total number of associate judges authorized
under subsection (a) is reduced by 11. A vacancy exists or
occurs when an associate judge dies, resigns, retires, is
removed, or is not reappointed upon expiration of his or her
term; a vacancy does not exist or occur at the expiration of a
term if the associate judge is reappointed.
(c) The maximum number of associate judges authorized under
subsection (a) for the 17th judicial circuit shall be reduced
as provided in this subsection (c). Due to the vacancy that

SB1774 - 13 - LRB099 10980 HEP 31337 b
exists on or after the effective date of this amendatory Act of
the 93rd General Assembly in the associate judgeship that is
converted into a resident judgeship under subsection (a-10) of
Section 2f-6 of the Circuit Courts Act, the maximum number of
judges authorized under subsection (a) of this Section shall be
reduced by one. A vacancy exists or occurs when an associate
judge dies, resigns, retires, is removed, or is not reappointed
upon expiration of his or her term; a vacancy does not exist or
occur at the expiration of a term if the associate judge is
reappointed.
(d) The maximum number of associate judges authorized under
subsection (a) for the 23rd judicial circuit shall be reduced
as provided in this subsection (d). Due to the vacancy that
exists on or after the effective date of this amendatory Act of
the 98th General Assembly in the associate judgeship that is
converted into a resident judgeship under subsection (k) of
Section 2f-10 of the Circuit Courts Act, the maximum number of
judges authorized under subsection (a) of this Section shall be
reduced by one.
(Source: P.A. 98-744, eff. 7-16-14.)