Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB4226 Enrolled / Bill

Filed 05/28/2024

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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  Section 2f as follows:
6  (705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
7  Sec. 2f. Circuit of Cook County.
8  (a) Until December 2, 2024, the Circuit of Cook County
9  shall be divided into 15 units to be known as subcircuits. On
10  and after December 2, 2024, the Circuit of Cook County is
11  divided into 20 subcircuits as drawn by the General Assembly.
12  The subcircuits shall be compact, contiguous, and
13  substantially equal in population. Beginning in 2031, the
14  General Assembly shall, in the year following each federal
15  decennial census, redraw the boundaries of the subcircuits to
16  reflect the results of the most recent federal decennial
17  census.
18  In accordance with subsection (d), a resident judgeship
19  assigned to a subcircuit shall continue to be assigned to that
20  subcircuit. Any vacancy in a resident judgeship existing on or
21  occurring after the effective date of a law redrawing the
22  boundaries of the subcircuits shall be filled by a resident of
23  the redrawn subcircuit.

 

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1  (b) The 165 resident judges to be elected from the Circuit
2  of Cook County shall be determined under paragraph (4) of
3  subsection (a) of Section 2 of the Judicial Vacancies Act.
4  (c) For resident judgeships to be filled by election on or
5  before the 2022 general election, the Supreme Court shall
6  allot (i) the additional resident judgeships provided by
7  paragraph (4) of subsection (a) of Section 2 of the Judicial
8  Vacancies Act and (ii) all vacancies in resident judgeships
9  existing on or occurring on or after the effective date of this
10  amendatory Act of 1990, with respect to the other resident
11  judgeships of the Circuit of Cook County, for election from
12  the various subcircuits until there are 11 resident judges to
13  be elected from each of the 15 subcircuits (for a total of
14  165). A resident judgeship authorized before the effective
15  date of this amendatory Act of 1990 that became vacant and was
16  filled by appointment by the Supreme Court before that
17  effective date shall be filled by election at the general
18  election in November of 1992 from the unit of the Circuit of
19  Cook County within Chicago or the unit of that Circuit outside
20  Chicago, as the case may be, in which the vacancy occurred.
21  (d) As soon as practicable after the subcircuits are
22  created by law, the Supreme Court shall determine by lot a
23  numerical order for the 15 subcircuits. That numerical order
24  shall be the basis for the order in which resident judgeships
25  are assigned to the subcircuits. After the first round of
26  assignments, the second and all later rounds shall be based on

 

 

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1  the same numerical order. Once a resident judgeship is
2  assigned to a subcircuit, it shall continue to be assigned to
3  that subcircuit for all purposes; provided that a resident
4  judge elected from a subcircuit seeking retention shall run
5  for retention at large in the circuit in accordance with
6  Article VI, Section 12(d) of the Illinois Constitution. No
7  elected judge of the Circuit of Cook County serving on January
8  7, 2022 shall be required to change his or her residency in
9  order to continue serving in office or to seek retention in
10  office as resident judgeships are allotted by the Supreme
11  Court in accordance with this Section.
12  (d-5) For resident judgeships to be filled by election on
13  or after the 2024 general election, a vacancy of a resident
14  judgeship to be elected from a subcircuit shall be allotted by
15  the Supreme Court to the subcircuit created under the Judicial
16  Circuits Districting Act of 2022 that numerically corresponds
17  to the subcircuit from which the resident judgeship was
18  previously allotted. For any resident judgeship to be elected
19  from a subcircuit that was not previously allotted to a
20  subcircuit, vacancies shall be allotted in numerical order to
21  subcircuits created under the Judicial Circuits Districting
22  Act of 2022 which numerically correspond to subcircuits that
23  had less than 11 resident judges on January 7, 2022 until there
24  are 11 resident judges to be elected from each of the
25  respective subcircuits. Vacancies in associate judgeships
26  authorized under Section 2(a) of the Associate Judges Act

 

 

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1  occurring or after June 1, 2023 shall be converted to resident
2  circuit judgeships and shall be allotted in numerical order to
3  subcircuits Any vacancies in formerly associate judgeships
4  converted to resident circuit judgeships in the Circuit of
5  Cook County occurring on or after June 1, 2023 shall be
6  allotted in numerical order to Judicial Subcircuits 16, 17,
7  18, 19, and 20, until there are 11 resident judges to be
8  elected from each of those subcircuits (for a total of 55).
9  Beginning with the 2024 election cycle, the The maximum number
10  of formerly associate judgeship vacancies which shall be
11  judgeships converted to resident circuit judgeships to which
12  may be allotted to Judicial Subcircuits 16, 17, 18, 19, and 20
13  in an election cycle shall be 10 resident circuit 2
14  judgeships, with each subcircuit allotted no more than 2
15  resident circuit judgeships per election cycle. Any additional
16  associate judgeship vacancies in excess of the maximum number
17  per election cycle shall not be converted to resident circuit
18  judgeships and shall be filled according to Supreme Court Rule
19  39 until such time that a vacancy in the associate judgeship
20  occurs. A vacancy occurs when an associate judge dies,
21  resigns, retires, is removed, or is not reappointed upon the
22  expiration of his or her term; a vacancy does not occur at the
23  expiration of a term if the associate judge is reappointed. As
24  used in this subsection, "election cycle" means the period
25  that begins on the day following the last day to certify
26  judicial vacancies for election at the next general election

 

 

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1  and ends on the last day to certify judicial vacancies for
2  election at the next general election, as provided in Section
3  25-3 of the Election Code subcircuit.
4  (e) A resident judge elected from a subcircuit shall
5  continue to reside in that subcircuit as long as he or she
6  holds that office. A resident judge elected from a subcircuit
7  after January 1, 2008, must retain residency as a registered
8  voter in the subcircuit to run for retention from the circuit
9  at large thereafter.
10  (Source: P.A. 101-477, eff. 6-1-20; 102-668, eff. 11-15-21;
11  102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
12  Section 10. The Associate Judges Act is amended by
13  changing Section 2 as follows:
14  (705 ILCS 45/2) (from Ch. 37, par. 160.2)
15  Sec. 2. (a) The maximum number of associate judges
16  authorized for each circuit is the greater of the applicable
17  minimum number specified in this Section or one for each
18  35,000 or fraction thereof in population as determined by the
19  last preceding Federal census, except for circuits with a
20  population of more than 3,000,000 where the maximum number of
21  associate judges is one for each 29,000 or fraction thereof in
22  population as determined by the last preceding federal census,
23  reduced in circuits of less than 200,000 inhabitants by the
24  number of resident circuit judges elected in the circuit in

 

 

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1  excess of one per county, except that the maximum number of
2  associate judges authorized for the 24th circuit shall be 3.
3  In addition, in circuits of 1,000,000 or more inhabitants,
4  there shall be one additional associate judge authorized for
5  each municipal district of the circuit court. The number of
6  associate judges to be appointed in each circuit, not to
7  exceed the maximum authorized, shall be determined from time
8  to time by the Circuit Court. The minimum number of associate
9  judges authorized for any circuit consisting of a single
10  county shall be 14, except that the minimum in the 22nd circuit
11  shall be 8, the minimum in the 19th circuit on and after
12  December 4, 2006 shall be 20, and the maximum number of
13  associate judges in the 20th circuit on and after December 5,
14  2022 shall be 12. The minimum number of associate judges
15  authorized for any circuit consisting of 2 counties with a
16  combined population of at least 275,000 but less than 300,000
17  shall be 10. The minimum number of associate judges authorized
18  for any circuit with a population of at least 303,000 but not
19  more than 309,000 shall be 10. The minimum number of associate
20  judges authorized for any circuit with a population of at
21  least 329,000, but not more than 349,999 shall be 11. The
22  minimum number of associate judges authorized for any circuit
23  with a population of at least 173,000 shall be 5. The number of
24  associate judges authorized for a circuit shall not be reduced
25  as a result of the 2020 federal decennial census. As used in
26  this Section, the term "resident circuit judge" has the

 

 

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1  meaning given it in the Judicial Vacancies Act.
2  (b) The maximum number of associate judges authorized
3  under subsection (a) for a circuit with a population of more
4  than 3,000,000 shall be reduced as provided in this subsection
5  (b). For each vacancy that exists on or occurs on or after the
6  effective date of this amendatory Act of 1990, that maximum
7  number shall be reduced by one until the total number of
8  associate judges authorized under subsection (a) is reduced by
9  60. A vacancy exists or occurs when an associate judge dies,
10  resigns, retires, is removed, or is not reappointed upon
11  expiration of his or her term; a vacancy does not exist or
12  occur at the expiration of a term if the associate judge is
13  reappointed.
14  (b-5) The maximum number of associate judges authorized
15  under subsection (a) for a circuit with a population of more
16  than 3,000,000 shall be reduced as provided in this subsection
17  (b-5). Vacancies in associate judgeships authorized under
18  subsection (a) occurring on or after June 1, 2023 shall be
19  converted to resident circuit judgeships and shall be allotted
20  in numerical order to subcircuits 16, 17, 18, 19, and 20 Each
21  associate judgeship vacancy that occurs on or after June 1,
22  2023 shall be converted to a resident circuit judgeship and
23  allotted to a subcircuit pursuant to subsection (d-5) of
24  Section 2f of the Circuit Courts Act, with each subcircuit
25  allotted no more than a total of 11 resident circuit
26  judgeships. Each election cycle, beginning with the 2024

 

 

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1  election cycle, a maximum of 10 associate judgeship vacancies
2  shall be converted to resident circuit judgeships pursuant to
3  subsection (d-5) of Section 2f of the Circuit Courts Act and
4  that maximum number shall be reduced by one until the total
5  number of associate judges authorized under subsection (a) is
6  reduced by 55. The maximum number of formerly associate
7  judgeships which may be converted to resident circuit
8  judgeships and which may be allotted to subcircuits 16, 17,
9  18, 19, and 20 in an election cycle shall be 10 2 judgeships
10  with each per subcircuit being allotted no more than 2
11  resident circuit judgeships per election cycle. Any additional
12  associate judgeship vacancies in excess of the maximum number
13  per election cycle shall not be converted to resident circuit
14  judgeships and shall be filled according to Supreme Court Rule
15  39 until such time that a vacancy in the associate judgeship
16  occurs. A vacancy occurs when an associate judge dies,
17  resigns, retires, is removed, or is not reappointed upon
18  expiration of his or her term; a vacancy does not occur at the
19  expiration of a term if the associate judge is reappointed. As
20  used in this subsection, "election cycle" means the period
21  that begins on the day following the last day to certify
22  judicial vacancies for election at the next general election
23  and ends on the last day to certify judicial vacancies for
24  election at the next general election, as provided in Section
25  25-3 of the Election Code.
26  (c) The maximum number of associate judges authorized

 

 

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1  under subsection (a) for the 17th judicial circuit shall be
2  reduced as provided in this subsection (c). Due to the vacancy
3  that exists on or after the effective date of this amendatory
4  Act of the 93rd General Assembly in the associate judgeship
5  that is converted into a resident judgeship under subsection
6  (a-10) of Section 2f-6 of the Circuit Courts Act, the maximum
7  number of judges authorized under subsection (a) of this
8  Section shall be reduced by one. A vacancy exists or occurs
9  when an associate judge dies, resigns, retires, is removed, or
10  is not reappointed upon expiration of his or her term; a
11  vacancy does not exist or occur at the expiration of a term if
12  the associate judge is reappointed.
13  (d) The maximum number of associate judges authorized
14  under subsection (a) for the 23rd judicial circuit shall be
15  reduced as provided in this subsection (d). Due to the vacancy
16  that exists on or after the effective date of this amendatory
17  Act of the 98th General Assembly in the associate judgeship
18  that is converted into a resident judgeship under subsection
19  (k) of Section 2f-10 of the Circuit Courts Act, the maximum
20  number of judges authorized under subsection (a) of this
21  Section shall be reduced by one.
22  (Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)
23  Section 15. The Court Reporters Act is amended by changing
24  Section 7 as follows:

 

 

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1  (705 ILCS 70/7) (from Ch. 37, par. 657)
2  Sec. 7. Proficiency tests. Each court reporter may be
3  required by the chief judge to shall take a test to verify his
4  or her proficiency within one year of employment. The test
5  shall be prepared and administered by the employer
6  representative in consultation with each of the other employer
7  representatives pursuant to standards set by rules. A
8  proficiency test passed prior to employment may be accepted by
9  the chief judge as proof of proficiency.
10  (Source: P.A. 101-581, eff. 1-1-20.)

 

 

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