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91_HB1854eng HB1854 Engrossed LRB9103379DJcd 1 AN ACT to amend the Judicial Vacancies Act by changing 2 Section 2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Judicial Vacancies Act is amended by 6 changing Section 2 as follows: 7 (705 ILCS 40/2) (from Ch. 37, par. 72.42) 8 Sec. 2. Vacancies in office of judge. 9 (a) Except as provided in paragraphs (1), (2), (3) and 10 (4) of this subsection (a), vacancies in the office of a 11 resident circuit judge in any county or in any unit or 12 subcircuit of any circuit shall not be filled. 13 (1) If in any county of less than 45,000 14 inhabitants there remains in office no other resident 15 judge following the occurrence of a vacancy, such vacancy 16 shall be filled. 17 (2) If in any county of 45,000 or more but less 18 than 60,000 inhabitants there remains in office only one 19 resident judge following the occurrence of a vacancy, 20 such vacancy shall be filled. 21 (3) If in any county of 60,000 or more inhabitants, 22 other than the County of Cook, there remain in office no 23 more than 2 resident judges following the occurrence of a 24 vacancy, such vacancy shall be filled. 25 (4) The County of Cook shall have 165 resident 26 judges on and after the effective date of this amendatory 27 Act of 1990. Of those resident judgeships, (i) 56 shall 28 be those authorized before the effective date of this 29 amendatory Act of 1990 from the unit of the Circuit of 30 Cook County within Chicago, (ii) 27 shall be those 31 authorized before the effective date of this amendatory HB1854 Engrossed -2- LRB9103379DJcd 1 Act of 1990 from the unit of the Circuit of Cook County 2 outside Chicago, (iii) 12 shall be additional resident 3 judgeships first elected at the general election in 4 November of 1992, (iv) 10 shall be additional resident 5 judgeships first elected at the general election in 6 November of 1994, and (v) 60 shall be additional resident 7 judgeships to be authorized one each for each reduction 8 upon vacancy in the office of associate judge in the 9 Circuit of Cook County as those vacancies exist or occur 10 on and after the effective date of this amendatory Act of 11 1990 and as those vacancies are determined under 12 subsection (b) of Section 2 of the Associate Judges Act 13 until the total resident judgeships authorized under this 14 item (v) is 60. Seven of the 12 additional resident 15 judgeships provided in item (iii) may be filled by 16 appointment by the Supreme Court during the period 17 beginning on the effective date of this amendatory Act of 18 1990 and ending 60 days before the primary election in 19 March of 1992; those judicial appointees shall serve 20 until the first Monday in December of 1992. Five of the 21 12 additional resident judgeships provided in item (iii) 22 may be filled by appointment by the Supreme Court during 23 the period beginning July 1, 1991 and ending 60 days 24 before the primary election in March of 1992; those 25 judicial appointees shall serve until the first Monday in 26 December of 1992. Five of the 10 additional resident 27 judgeships provided in item (iv) may be filled by 28 appointment by the Supreme Court during the period 29 beginning July 1, 1992 and ending 60 days before the 30 primary election in March of 1994; those judicial 31 appointees shall serve until the first Monday in December 32 of 1994. The remaining 5 of the 10 additional resident 33 judgeships provided in item (iv) may be filled by 34 appointment by the Supreme Court during the period HB1854 Engrossed -3- LRB9103379DJcd 1 beginning July 1, 1993 and ending 60 days before the 2 primary election in March of 1994; those judicial 3 appointees shall serve until the first Monday in December 4 1994. The additional resident judgeships created upon 5 vacancy in the office of associate judge provided in item 6 (v) may be filled by appointment by the Supreme Court 7 beginning on the effective date of this amendatory Act of 8 1990; but no additional resident judgeships created upon 9 vacancy in the office of associate judge provided in item 10 (v) shall be filled during the 59 day period before the 11 next primary election to nominate judges. The Circuit of 12 Cook County shall be divided into units to be known as 13 subcircuits as provided in Section 2f of the Circuit 14 Courts Act. A vacancy in the office of resident judge of 15 the Circuit of Cook County existing on or occurring on or 16 after the effective date of this amendatory Act of 1990, 17 but before the date the subcircuits are created by law, 18 shall be filled by appointment by the Supreme Court from 19 the unit within Chicago or the unit outside Chicago, as 20 the case may be, in which the vacancy occurs and filled 21 by election from the subcircuit to which it is allotted 22 under Section 2f of the Circuit Courts Act. A vacancy in 23 the office of resident judge of the Circuit of Cook 24 County existing on or occurring on or after the date the 25 subcircuits are created by law shall be filled by 26 appointment by the Supreme Court and by election from the 27 subcircuit to which it is allotted under Section 2f of 28 the Circuit Courts Act. 29 (b) Nothing in paragraphs (2) or (3) of subsection (a) 30 of this Section shall be construed to require or permit in 31 any county a greater number of resident judges than there 32 were resident associate judges on January 1, 1967. 33 (c) Vacancies authorized to be filled by this Section 2 34 shall be filled in the manner provided in Article VI of the HB1854 Engrossed -4- LRB9103379DJcd 1 Constitution. 2 (d) A person appointed to fill a vacancy in the office 3 of circuit judge shall be, at the time of appointment, a 4 resident of the subcircuit from which the person whose 5 vacancy is being filled was elected if the vacancy occurred 6 in Cook County. If a vacancy in the office of circuit judge 7 occurred in a circuit other than Cook County, a person 8 appointed to fill the vacancy shall be, at the time of 9 appointment, a resident of the circuit from which the person 10 whose vacancy is being filled was elected. If a vacancy 11 occurred in the office of a resident circuit judge, a person 12 appointed to fill the vacancy shall be, at the time of 13 appointment, a resident of the county from which the person 14 whose vacancy is being filled was elected. 15 (Source: P.A. 90-342, eff. 8-8-97.)