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90_SC0052enr
ILCON Art. VI, Sec. 15
Proposes to amend the Judiciary Article of the Illinois
Constitution. Provides that the Courts Commission shall
consist of 7 members appointed as follows: one Supreme Court
Judge appointed by that Court, 2 Appellate Court Judges
appointed by that Court, 2 Circuit Judges appointed by the
Supreme Court, and 2 citizens appointed by the Governor.
Provides for alternates to serve if a member is disqualified.
Requires the Commission to adopt comprehensive rules. Makes
other changes. Effective upon approval of the electors.
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1 STATE OF ILLINOIS
2 NINETIETH GENERAL ASSEMBLY
3 SENATE
4 SENATE JOINT RESOLUTION NO. 52
5 CONSTITUTIONAL AMENDMENT
6 Offered by Senator Cronin and Senator Philip, President
7 of the Senate; and Senators Berman and Dillard.
8 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
9 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
10 CONCURRING HEREIN, that there shall be submitted to the
11 electors of the State for adoption or rejection at the
12 general election next occurring at least 6 months after the
13 adoption of this resolution a proposition to amend Section 15
14 of Article VI of the Illinois Constitution as follows:
15 ARTICLE VI
16 THE JUDICIARY
17 (ILCON Art. VI, Sec. 15)
18 SECTION 15. RETIREMENT - DISCIPLINE
19 (a) The General Assembly may provide by law for the
20 retirement of Judges and Associate Judges at a prescribed
21 age. Any retired Judge or Associate Judge, with his or her
22 consent, may be assigned by the Supreme Court to judicial
23 service for which he or she shall receive the applicable
24 compensation in lieu of retirement benefits. A retired
25 Associate Judge may be assigned only as an Associate Judge.
26 (b) A Judicial Inquiry Board is created. The Supreme
27 Court shall select two Circuit Judges as members and the
28 Governor shall appoint four persons who are not lawyers and
29 three lawyers as members of the Board. No more than two of
30 the lawyers and two of the non-lawyers appointed by the
31 Governor shall be members of the same political party. The
32 terms of Board members shall be four years. A vacancy on the
33 Board shall be filled for a full term in the manner the
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1 original appointment was made. No member may serve on the
2 Board more than eight years.
3 (c) The Board shall be convened permanently, with
4 authority to conduct investigations, receive or initiate
5 complaints concerning a Judge or Associate Judge, and file
6 complaints with the Courts Commission. The Board shall not
7 file a complaint unless five members believe that a
8 reasonable basis exists (1) to charge the Judge or Associate
9 Judge with willful misconduct in office, persistent failure
10 to perform his duties, or other conduct that is prejudicial
11 to the administration of justice or that brings the judicial
12 office into disrepute, or (2) to charge that the Judge or
13 Associate Judge is physically or mentally unable to perform
14 his duties. All proceedings of the Board shall be
15 confidential except the filing of a complaint with the Courts
16 Commission. The Board shall prosecute the complaint.
17 (d) The Board shall adopt rules governing its
18 procedures. It shall have subpoena power and authority to
19 appoint and direct its staff. Members of the Board who are
20 not Judges shall receive per diem compensation and necessary
21 expenses; members who are Judges shall receive necessary
22 expenses only. The General Assembly by law shall appropriate
23 funds for the operation of the Board.
24 (e) An independent A Courts Commission is created
25 consisting of one Supreme Court Judge selected by that Court
26 as a member and one as an alternate, who shall be its
27 chairman, two Appellate Court Judges selected by that Court
28 as members and three as alternates, and two Circuit Judges
29 selected by the Supreme Court as members and three as
30 alternates, and two citizens selected by the Governor as
31 members and two as alternates. Members and alternates who are
32 Appellate Court Judges must each be from a different Judicial
33 District. Members and alternates who are Circuit Judges must
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1 each be from a different Judicial District. Members and
2 alternates of the Commission shall not be members of the
3 Judicial Inquiry Board. The members of the Commission shall
4 select a chairperson to serve a two-year term.
5 The Commission shall be convened permanently to hear
6 complaints filed by the Judicial Inquiry Board. The
7 Commission shall have authority after notice and public
8 hearing, (1) to remove from office, suspend without pay,
9 censure or reprimand a Judge or Associate Judge for willful
10 misconduct in office, persistent failure to perform his or
11 her duties, or other conduct that is prejudicial to the
12 administration of justice or that brings the judicial office
13 into disrepute, or (2) to suspend, with or without pay, or
14 retire a Judge or Associate Judge who is physically or
15 mentally unable to perform his or her duties.
16 (f) The concurrence of four three members of the
17 Commission shall be necessary for a decision. The decision of
18 the Commission shall be final.
19 (g) The Commission shall adopt comprehensive rules to
20 ensure that governing its procedures are fair and
21 appropriate. These rules and any amendments shall be public
22 and filed with the Secretary of State at least 30 days before
23 becoming effective.
24 (h) A member of the Commission shall disqualify himself
25 or herself, or the other members of the Commission shall
26 disqualify a member, with respect to any proceeding in which
27 disqualification or recusal would be required of a Judge
28 under rules of the Supreme Court, under rules of the
29 Commission, or by law.
30 If a Supreme Court Judge is the subject of a proceeding,
31 then there shall be no Supreme Court Judge sitting as a
32 member of the Commission with respect to that proceeding.
33 Instead, an alternate Appellate Court Judge not from the same
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1 Judicial District as the subject Supreme Court Judge shall
2 replace the subject Supreme Court Judge. If a member who is
3 an Appellate Court Judge is the subject of a proceeding, then
4 an alternate Appellate Court Judge shall replace the subject
5 Appellate Court Judge. If an Appellate Court Judge who is not
6 a member is the subject of a proceeding and an Appellate
7 Court Judge from the same Judicial District is a member, then
8 an alternate Appellate Court Judge shall replace that member.
9 If a member who is a Circuit Judge is the subject of a
10 proceeding, then an alternate Circuit Judge shall replace the
11 subject Circuit Judge. If a Circuit Judge who is not a member
12 is the subject of a proceeding and a Circuit Judge from the
13 same Judicial District is a member, then an alternate Circuit
14 Judge shall replace that member.
15 If a member of the Commission is disqualified under this
16 Section with respect to any proceeding, that member shall be
17 replaced by an alternate on a rotating basis in a manner
18 provided by rule of the Commission. The alternate shall act
19 as member of the Commission with respect to that proceeding
20 only.
21 (i) The Commission and shall have power to issue
22 subpoenas.
23 (j) Members and alternates of the Commission who are not
24 Judges shall receive per diem compensation and necessary
25 expenses; members and alternates who are Judges shall receive
26 necessary expenses only. The General Assembly shall provide
27 by law for the expenses and compensation of the Commission.
28 (Source: Illinois Constitution.)
29 SCHEDULE
30 This Constitutional Amendment takes effect upon approval
31 by the electors of this State.
32 Adopted by the Senate, April 2, 1998.
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1 _______________________
2 President of the Senate
3 _______________________
4 Secretary of the Senate
5 Concurred in by the House of Representatives, April 29,
6 1998.
7 _________________________
8 Speaker of House of
9 Representatives
10 _________________________
11 Clerk of House of
12 Representatives