Public Act 0809 104TH GENERAL ASSEMBLY

SB2784 Enrolled LRB104 16465 JRC 29858 b

Public Act 104-0809

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 Sections 2f-2 and 2f-14 as follows:

(705 ILCS 35/2f-2)

Sec. 2f-2. 19th judicial circuit; subcircuits; additional judges.

(a) Prior to December 5, 2022, the 19th circuit shall be divided into 6 subcircuits. The subcircuits shall be compact, contiguous, and substantially equal in population. The General Assembly by law shall create the subcircuits, using population data as determined by the 2000 federal census, and shall determine a numerical order for the 6 subcircuits. That numerical order shall be the basis for the order in which resident judgeships are assigned to the subcircuits. The 6 resident judgeships to be assigned that are not added by or converted from at-large judgeships as provided in this amendatory Act of the 96th General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that order. The 6 resident judgeships to be assigned that are added by or converted from at-large judgeships as provided in this amendatory Act of the 96th General Assembly shall be assigned to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that 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.

(a-3) On and after December 5, 2022, the 19th circuit is divided into 12 subcircuits. 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. The subcircuits shall be compact, contiguous, and substantially equal in population. Once a judgeship is assigned to a subcircuit or an at-large judgeship is converted to a resident judgeship and assigned to a subcircuit, it shall 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. 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 election by a resident of the redrawn subcircuit. When a vacancy occurs in a resident judgeship, the resident judgeship shall be allotted by the Supreme Court under subsection (c) and filled by election.

(a-5) Of the at-large judgeships of the 19th judicial circuit, the first 3 that are or become vacant on or after the effective date of this amendatory Act of the 96th General Assembly shall become resident judgeships of the 19th judicial circuit to be allotted by the Supreme Court under subsection (c) and filled by election, except that the Supreme Court may fill those judgeships by appointment for any remainder of a vacated term until the resident judgeships are filled initially by election. As used in this subsection, a vacancy does not include the expiration of a term of an at-large judge who seeks retention in that office at the next term.

(a-10) The 19th judicial circuit shall have 3 additional resident judgeships to be allotted by the Supreme Court under subsection (c). One of the additional resident judgeships shall be filled by election beginning at the 2010 general election. Two of the additional resident judgeships shall be filled by election beginning at the 2012 general election.

(a-15) On and after January 7, 2022, each at-large judgeship of the 19th judicial circuit existing on January 7, 2022 shall be converted to a resident judgeship as it is or becomes vacant and shall be allotted by the Supreme Court according to subsection (c) of this Section. It is the intent of the General Assembly not to create any additional judgeships in the 19th judicial circuit by this amendatory Act of the 102nd General Assembly. Notwithstanding any other provision of law to the contrary, the conversion of at-large judgeships to resident judgeships under this subsection shall not entitle the 19th judicial circuit to any additional circuit judgeships elected at-large.

(a-20) Any judgeship that became vacant after January 1, 2020 and on June 1, 2020 (the effective date of Public Act 102-380) is held by an individual appointed by the Supreme Court also shall be filled by election at the 2022 general election.

(b) Prior to December 5, 2022, the 19th circuit shall have a total of 12 resident judgeships (6 resident judgeships existing on the effective date of this amendatory Act of the 96th General Assembly, 3 formerly at-large judgeships as provided in subsection (a-5), and 3 resident judgeships added by subsection (a-10)). The number of resident judgeships allotted to subcircuits of the 19th judicial circuit pursuant to this Section shall constitute all the resident judgeships of the 19th judicial circuit.

(c) Prior to January 7, 2022 (the effective date of Public Act 102-693), the Supreme Court shall allot (i) all vacancies in resident judgeships of the 19th circuit existing on or occurring on or after the effective date of this amendatory Act of the 93rd General Assembly and not filled at the 2004 general election, (ii) the resident judgeships of the 19th circuit filled at the 2004 general election as those judgeships thereafter become vacant, (iii) the 3 formerly at-large judgeships described in subsection (a-5) as they become available, (iv) the 3 resident judgeships added by subsection (a-10), and (v) the additional resident judgeships provided for by subsection (a-3), for election from the various subcircuits until there are 2 resident judges to be elected from each subcircuit. On and after January 7, 2022, the Supreme Court shall allot all vacancies in the 16 15 resident judgeships of the 19th circuit (the 13 12 resident judgeships existing on January 7, 2022 and the 3 formerly at-large judgeships converted under subsection (a-15)) for election from the various subcircuits created by Public Act 102-693 in numerical order until there is one resident judge to be elected from each subcircuit, except the 1st, 2nd, and 3rd, and 4th subcircuits which shall have 2 resident judges each; provided that the first vacancy shall be allotted to the 12th subcircuit, that the second vacancy shall be allotted to the 3rd subcircuit, that the third vacancy shall be allotted to the 4th subcircuit, that the fourth vacancy shall be allotted to the 2nd subcircuit, that the fifth vacancy shall be allotted to the 1st subcircuit, and the sixth vacancy shall be allotted to the 3rd subcircuit. Following these allotments, judicial vacancies shall be allotted in numerical order starting with the 5th subcircuit. No resident judge of the 19th circuit 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.

(c-5) If 2 or more judgeships in the same subcircuit are to be filled at the same election under this Section, the State Board of Elections shall designate those vacancies alphabetically.

(d) 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.

(e) Vacancies in resident judgeships of the 19th circuit shall be filled in the manner provided in Article VI of the Illinois Constitution.

(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21; 102-668, eff. 11-15-21; 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)

(705 ILCS 35/2f-14)

Sec. 2f-14. 6th judicial circuit; resident judgeships.

(a) The at-large judgeships of the 6th judicial circuit existing on January 7, 2022 shall be converted to resident judgeships as provided in this subsection as those judgeships are or become vacant. When a vacancy occurs in an at-large judgeship of the 6th judicial circuit, the at-large judgeship shall be converted to a resident judgeship for either Champaign County or Macon County, depending on which of those 2 counties the incumbent at-large circuit judge resided in when the incumbent judge was elected. The first 3 that become vacant after January 7, 2022 (the effective date of Public Act 102-693) shall be converted to resident judgeships elected from Champaign County. The remaining two at-large judgeships that become vacant shall be converted to resident judgeships elected from Macon County. Thereafter, persons elected to those resident judgeships shall be residents of the county which elects them.

(b) It is the intent of the General Assembly not to create any additional judgeships in the 6th judicial circuit by Public Act 102-693 and this amendatory Act of the 102nd General Assembly. Notwithstanding any other provision of law to the contrary, the conversion of at-large judgeships to resident judgeships under subsection (a) of this Section shall not entitle the 6th judicial circuit to any additional circuit judgeships elected at-large.

(Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23.)

Section 10. The Associate Judges Act is amended by adding Section 2.6 as follows:

(705 ILCS 45/2.6 new)

Sec. 2.6. Additional associate judge; 7th circuit. In addition to the number of associate judges authorized under Sections 2 and 2.1, there shall be one additional associate judge appointed in the 7th circuit.

Section 99. Effective date. This Act takes effect upon becoming law.