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Public Act 103-0597 | ||||
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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 | ||||
Section 2f as follows: | ||||
(705 ILCS 35/2f) (from Ch. 37, par. 72.2f) | ||||
Sec. 2f. Circuit of Cook County. | ||||
(a) Until December 2, 2024, the Circuit of Cook County | ||||
shall be divided into 15 units to be known as subcircuits. On | ||||
and after December 2, 2024, the Circuit of Cook County is | ||||
divided into 20 subcircuits as drawn by the General Assembly. | ||||
The subcircuits shall be compact, contiguous, and | ||||
substantially equal in population. Beginning in 2031, the | ||||
General Assembly shall, in the year following each federal | ||||
decennial census, redraw the boundaries of the subcircuits to | ||||
reflect the results of the most recent federal decennial | ||||
census. | ||||
In accordance with subsection (d), a resident judgeship | ||||
assigned to a subcircuit shall continue to be assigned to that | ||||
subcircuit. Any vacancy in a resident judgeship existing on or | ||||
occurring after the effective date of a law redrawing the | ||||
boundaries of the subcircuits shall be filled by a resident of | ||||
the redrawn subcircuit. |
(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. | ||
(c) For resident judgeships to be filled by election on or | ||
before the 2022 general election, 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 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. | ||
(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 | ||
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; provided that a resident | ||
judge elected from a subcircuit seeking retention shall run | ||
for retention at large in the circuit in accordance with | ||
Article VI, Section 12(d) of the Illinois Constitution. No | ||
elected judge of the Circuit of Cook County serving on January | ||
7, 2022 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-5) For resident judgeships to be filled by election on | ||
or after the 2024 general election, a vacancy of a resident | ||
judgeship to be elected from a subcircuit shall be allotted by | ||
the Supreme Court to the subcircuit created under the Judicial | ||
Circuits Districting Act of 2022 that numerically corresponds | ||
to the subcircuit from which the resident judgeship was | ||
previously allotted. For any resident judgeship to be elected | ||
from a subcircuit that was not previously allotted to a | ||
subcircuit, vacancies shall be allotted in numerical order to | ||
subcircuits created under the Judicial Circuits Districting | ||
Act of 2022 which numerically correspond to subcircuits that | ||
had less than 11 resident judges on January 7, 2022 until there | ||
are 11 resident judges to be elected from each of the | ||
respective subcircuits. Vacancies in associate judgeships | ||
authorized under Section 2(a) of the Associate Judges Act |
occurring or after June 1, 2023 shall be converted to resident | ||
circuit judgeships and shall be allotted in numerical order to | ||
subcircuits Any vacancies in formerly associate judgeships | ||
converted to resident circuit judgeships in the Circuit of | ||
Cook County occurring on or after June 1, 2023 shall be | ||
allotted in numerical order to Judicial Subcircuits 16, 17, | ||
18, 19, and 20 , until there are 11 resident judges to be | ||
elected from each of those subcircuits (for a total of 55). | ||
Beginning with the 2024 election cycle, the The maximum number | ||
of formerly associate judgeship vacancies which shall be | ||
judgeships converted to resident circuit judgeships to which | ||
may be allotted to Judicial Subcircuits 16, 17, 18, 19, and 20 | ||
in an election cycle shall be 10 resident circuit 2 | ||
judgeships , with each subcircuit allotted no more than 2 | ||
resident circuit judgeships per election cycle. Any additional | ||
associate judgeship vacancies in excess of the maximum number | ||
per election cycle shall not be converted to resident circuit | ||
judgeships and shall be filled according to Supreme Court Rule | ||
39 until such time that a vacancy in the associate judgeship | ||
occurs. A vacancy occurs when an associate judge dies, | ||
resigns, retires, is removed, or is not reappointed upon the | ||
expiration of his or her term; a vacancy does not occur at the | ||
expiration of a term if the associate judge is reappointed. As | ||
used in this subsection, "election cycle" means the period | ||
that begins on the day following the last day to certify | ||
judicial vacancies for election at the next general election |
and ends on the last day to certify judicial vacancies for | ||
election at the next general election, as provided in Section | ||
25-3 of the Election Code subcircuit . | ||
(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. 101-477, eff. 6-1-20; 102-668, eff. 11-15-21; | ||
102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) | ||
Section 10. The Associate Judges Act is amended by | ||
changing Section 2 as follows: | ||
(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, except that the maximum number of | ||
associate judges authorized for the 24th circuit shall be 3. | ||
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, the minimum in the 19th circuit on and after | ||
December 4, 2006 shall be 20, and the maximum number of | ||
associate judges in the 20th circuit on and after December 5, | ||
2022 shall be 12. 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 be 10. The minimum number of associate | ||
judges authorized for any circuit with a population of at | ||
least 329,000, but not more than 349,999 shall be 11. The | ||
minimum number of associate judges authorized for any circuit | ||
with a population of at least 173,000 shall be 5. The number of | ||
associate judges authorized for a circuit shall not be reduced | ||
as a result of the 2020 federal decennial census. 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 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. 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. | ||
(b-5) 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-5). Vacancies in associate judgeships authorized under | ||
subsection (a) occurring on or after June 1, 2023 shall be | ||
converted to resident circuit judgeships and shall be allotted | ||
in numerical order to subcircuits 16, 17, 18, 19, and 20 Each | ||
associate judgeship vacancy that occurs on or after June 1, | ||
2023 shall be converted to a resident circuit judgeship and | ||
allotted to a subcircuit pursuant to subsection (d-5) of | ||
Section 2f of the Circuit Courts Act, with each subcircuit | ||
allotted no more than a total of 11 resident circuit | ||
judgeships. Each election cycle, beginning with the 2024 |
election cycle, a maximum of 10 associate judgeship vacancies | ||
shall be converted to resident circuit judgeships pursuant to | ||
subsection (d-5) of Section 2f of the Circuit Courts Act and | ||
that maximum number shall be reduced by one until the total | ||
number of associate judges authorized under subsection (a) is | ||
reduced by 55. The maximum number of formerly associate | ||
judgeships which may be converted to resident circuit | ||
judgeships and which may be allotted to subcircuits 16, 17, | ||
18, 19, and 20 in an election cycle shall be 10 2 judgeships | ||
with each per subcircuit being allotted no more than 2 | ||
resident circuit judgeships per election cycle. Any additional | ||
associate judgeship vacancies in excess of the maximum number | ||
per election cycle shall not be converted to resident circuit | ||
judgeships and shall be filled according to Supreme Court Rule | ||
39 until such time that a vacancy in the associate judgeship | ||
occurs . A vacancy 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 occur at the | ||
expiration of a term if the associate judge is reappointed. As | ||
used in this subsection, "election cycle" means the period | ||
that begins on the day following the last day to certify | ||
judicial vacancies for election at the next general election | ||
and ends on the last day to certify judicial vacancies for | ||
election at the next general election, as provided in Section | ||
25-3 of the Election Code. | ||
(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 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. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) | ||
Section 15. The Court Reporters Act is amended by changing | ||
Section 7 as follows: |
(705 ILCS 70/7) (from Ch. 37, par. 657) | ||
Sec. 7. Proficiency tests. Each court reporter may be | ||
required by the chief judge to shall take a test to verify his | ||
or her proficiency within one year of employment. The test | ||
shall be prepared and administered by the employer | ||
representative in consultation with each of the other employer | ||
representatives pursuant to standards set by rules. A | ||
proficiency test passed prior to employment may be accepted by | ||
the chief judge as proof of proficiency. | ||
(Source: P.A. 101-581, eff. 1-1-20 .) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |