SB2784: JUDGES-6TH & 7TH JUD CIRCUITS

SB2784 Enrolled LRB104 16465 JRC 29858 b 1 AN ACT concerning courts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Circuit Courts Act is amended by changing 5 Sections 2f-2 and 2f-14 as follows: 6 (705 ILCS 35/2f-2) 7 Sec. 2f-2. 19th judicial circuit; subcircuits; additional 8 judges. 9 (a) Prior to December 5, 2022, the 19th circuit shall be 10 divided into 6 subcircuits. The subcircuits shall be compact, 11 contiguous, and substantially equal in population. The General 12 Assembly by law shall create the subcircuits, using population 13 data as determined by the 2000 federal census, and shall 14 determine a numerical order for the 6 subcircuits. That 15 numerical order shall be the basis for the order in which 16 resident judgeships are assigned to the subcircuits. The 6 17 resident judgeships to be assigned that are not added by or 18 converted from at-large judgeships as provided in this 19 amendatory Act of the 96th General Assembly shall be assigned 20 to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that 21 order. The 6 resident judgeships to be assigned that are added 22 by or converted from at-large judgeships as provided in this 23 amendatory Act of the 96th General Assembly shall be assigned SB2784 Enrolled - 2 - LRB104 16465 JRC 29858 b 1 to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that 2 order. Once a resident judgeship is assigned to a subcircuit, 3 it shall continue to be assigned to that subcircuit for all 4 purposes; provided that a resident judge elected from a 5 subcircuit seeking retention shall run for retention at large 6 in the circuit in accordance with Article VI, Section 12(d) of 7 the Illinois Constitution. 8 (a-3) On and after December 5, 2022, the 19th circuit is 9 divided into 12 subcircuits. Beginning in 2031, the General 10 Assembly shall, in the year following each federal decennial 11 census, redraw the boundaries of the subcircuits to reflect 12 the results of the most recent federal decennial census. The 13 subcircuits shall be compact, contiguous, and substantially 14 equal in population. Once a judgeship is assigned to a 15 subcircuit or an at-large judgeship is converted to a resident 16 judgeship and assigned to a subcircuit, it shall be assigned 17 to that subcircuit for all purposes; provided that a resident 18 judge elected from a subcircuit seeking retention shall run 19 for retention at large in the circuit in accordance with 20 Article VI, Section 12(d) of the Illinois Constitution. Any 21 vacancy in a resident judgeship existing on or occurring after 22 the effective date of a law redrawing the boundaries of the 23 subcircuits shall be filled by election by a resident of the 24 redrawn subcircuit. When a vacancy occurs in a resident 25 judgeship, the resident judgeship shall be allotted by the 26 Supreme Court under subsection (c) and filled by election. SB2784 Enrolled - 3 - LRB104 16465 JRC 29858 b 1 (a-5) Of the at-large judgeships of the 19th judicial 2 circuit, the first 3 that are or become vacant on or after the 3 effective date of this amendatory Act of the 96th General 4 Assembly shall become resident judgeships of the 19th judicial 5 circuit to be allotted by the Supreme Court under subsection 6 (c) and filled by election, except that the Supreme Court may 7 fill those judgeships by appointment for any remainder of a 8 vacated term until the resident judgeships are filled 9 initially by election. As used in this subsection, a vacancy 10 does not include the expiration of a term of an at-large judge 11 who seeks retention in that office at the next term. 12 (a-10) The 19th judicial circuit shall have 3 additional 13 resident judgeships to be allotted by the Supreme Court under 14 subsection (c). One of the additional resident judgeships 15 shall be filled by election beginning at the 2010 general 16 election. Two of the additional resident judgeships shall be 17 filled by election beginning at the 2012 general election. 18 (a-15) On and after January 7, 2022, each at-large 19 judgeship of the 19th judicial circuit existing on January 7, 20 2022 shall be converted to a resident judgeship as it is or 21 becomes vacant and shall be allotted by the Supreme Court 22 according to subsection (c) of this Section. It is the intent 23 of the General Assembly not to create any additional 24 judgeships in the 19th judicial circuit by this amendatory Act 25 of the 102nd General Assembly. Notwithstanding any other 26 provision of law to the contrary, the conversion of at-large SB2784 Enrolled - 4 - LRB104 16465 JRC 29858 b 1 judgeships to resident judgeships under this subsection shall 2 not entitle the 19th judicial circuit to any additional 3 circuit judgeships elected at-large. 4 (a-20) Any judgeship that became vacant after January 1, 5 2020 and on June 1, 2020 (the effective date of Public Act 6 102-380) is held by an individual appointed by the Supreme 7 Court also shall be filled by election at the 2022 general 8 election. 9 (b) Prior to December 5, 2022, the 19th circuit shall have 10 a total of 12 resident judgeships (6 resident judgeships 11 existing on the effective date of this amendatory Act of the 12 96th General Assembly, 3 formerly at-large judgeships as 13 provided in subsection (a-5), and 3 resident judgeships added 14 by subsection (a-10)). The number of resident judgeships 15 allotted to subcircuits of the 19th judicial circuit pursuant 16 to this Section shall constitute all the resident judgeships 17 of the 19th judicial circuit. 18 (c) Prior to January 7, 2022 (the effective date of Public 19 Act 102-693), the Supreme Court shall allot (i) all vacancies 20 in resident judgeships of the 19th circuit existing on or 21 occurring on or after the effective date of this amendatory 22 Act of the 93rd General Assembly and not filled at the 2004 23 general election, (ii) the resident judgeships of the 19th 24 circuit filled at the 2004 general election as those 25 judgeships thereafter become vacant, (iii) the 3 formerly 26 at-large judgeships described in subsection (a-5) as they SB2784 Enrolled - 5 - LRB104 16465 JRC 29858 b 1 become available, (iv) the 3 resident judgeships added by 2 subsection (a-10), and (v) the additional resident judgeships 3 provided for by subsection (a-3), for election from the 4 various subcircuits until there are 2 resident judges to be 5 elected from each subcircuit. On and after January 7, 2022, 6 the Supreme Court shall allot all vacancies in the 16 15 7 resident judgeships of the 19th circuit (the 13 12 resident 8 judgeships existing on January 7, 2022 and the 3 formerly 9 at-large judgeships converted under subsection (a-15)) for 10 election from the various subcircuits created by Public Act 11 102-693 in numerical order until there is one resident judge 12 to be elected from each subcircuit, except the 1st, 2nd, and 13 3rd , and 4th subcircuits which shall have 2 resident judges 14 each; provided that the first vacancy shall be allotted to the 15 12th subcircuit, that the second vacancy shall be allotted to 16 the 3rd subcircuit, that the third vacancy shall be allotted 17 to the 4th subcircuit, that the fourth vacancy shall be 18 allotted to the 2nd subcircuit, that the fifth vacancy shall 19 be allotted to the 1st subcircuit, and the sixth vacancy shall 20 be allotted to the 3rd subcircuit. Following these allotments, 21 judicial vacancies shall be allotted in numerical order 22 starting with the 5th subcircuit. No resident judge of the 23 19th circuit serving on January 7, 2022 shall be required to 24 change his or her residency in order to continue serving in 25 office or to seek retention in office as resident judgeships 26 are allotted by the Supreme Court in accordance with this SB2784 Enrolled - 6 - LRB104 16465 JRC 29858 b 1 Section. 2 (c-5) If 2 or more judgeships in the same subcircuit are to 3 be filled at the same election under this Section, the State 4 Board of Elections shall designate those vacancies 5 alphabetically. 6 (d) A resident judge elected from a subcircuit shall 7 continue to reside in that subcircuit as long as he or she 8 holds that office. A resident judge elected from a subcircuit 9 after January 1, 2008, must retain residency as a registered 10 voter in the subcircuit to run for retention from the circuit 11 at-large thereafter. 12 (e) Vacancies in resident judgeships of the 19th circuit 13 shall be filled in the manner provided in Article VI of the 14 Illinois Constitution. 15 (Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21; 16 102-668, eff. 11-15-21; 102-693, eff. 1-7-22; 102-1126, eff. 17 2-10-23.) 18 (705 ILCS 35/2f-14) 19 Sec. 2f-14. 6th judicial circuit; resident judgeships. 20 (a) The at-large judgeships of the 6th judicial circuit 21 existing on January 7, 2022 shall be converted to resident 22 judgeships as provided in this subsection as those judgeships 23 are or become vacant. When a vacancy occurs in an at-large 24 judgeship of the 6th judicial circuit, the at-large judgeship 25 shall be converted to a resident judgeship for either SB2784 Enrolled - 7 - LRB104 16465 JRC 29858 b 1 Champaign County or Macon County, depending on which of those 2 2 counties the incumbent at-large circuit judge resided in 3 when the incumbent judge was elected. The first 3 that become 4 vacant after January 7, 2022 (the effective date of Public Act 5 102-693) shall be converted to resident judgeships elected 6 from Champaign County. The remaining two at-large judgeships 7 that become vacant shall be converted to resident judgeships 8 elected from Macon County. Thereafter, persons elected to 9 those resident judgeships shall be residents of the county 10 which elects them. 11 (b) It is the intent of the General Assembly not to create 12 any additional judgeships in the 6th judicial circuit by 13 Public Act 102-693 and this amendatory Act of the 102nd 14 General Assembly. Notwithstanding any other provision of law 15 to the contrary, the conversion of at-large judgeships to 16 resident judgeships under subsection (a) of this Section shall 17 not entitle the 6th judicial circuit to any additional circuit 18 judgeships elected at-large. 19 (Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.) 20 Section 10. The Associate Judges Act is amended by adding 21 Section 2.6 as follows: 22 (705 ILCS 45/2.6 new) 23 Sec. 2.6. Additional associate judge; 7th circuit. In 24 addition to the number of associate judges authorized under SB2784 Enrolled - 8 - LRB104 16465 JRC 29858 b 1 Sections 2 and 2.1, there shall be one additional associate 2 judge appointed in the 7th circuit. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.