99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0025
 
Introduced , by Rep. Dwight Kay
 
SYNOPSIS AS INTRODUCED:



      
ILCON Art. VI, Sec. 7
ILCON Art. VI, Sec. 11
ILCON Art. VI, Sec. 12

 Proposes to amend the Judiciary Article of the Illinois Constitution. Provides that, whenever a vacancy occurs in the office of Supreme, Appellate, or
Circuit Judge by death,
resignation, retirement, removal, or upon the conclusion of the judge's term
without retention in office, the Governor shall fill that vacancy by appointing one of 3 qualified persons who are nominated by a nonpartisan judicial commission. Creates separate nonpartisan judicial commissions for the Supreme Court, for each Judicial District, and for each Judicial Circuit. Sets forth the membership of the commissions. Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.



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1
HOUSE JOINT RESOLUTION


2
CONSTITUTIONAL AMENDMENT




3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
4NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
5SENATE CONCURRING HEREIN, that there shall be submitted to the 
6electors of the State for adoption or rejection at the general 
7election next occurring at least 6 months after the adoption of 
8this resolution a proposition to amend Sections 7, 11, and 12 
9of Article VI of the Illinois Constitution as follows:



10
ARTICLE VI 


11
THE JUDICIARY






12 (ILCON Art. VI, Sec. 7)



13SECTION 7. JUDICIAL CIRCUITS 

14 (a) The State shall be divided into Judicial Circuits 
15consisting of one
or more counties. The First Judicial District 
16shall constitute a
Judicial Circuit. The Judicial Circuits 
17within the other Judicial
Districts shall be as provided by 
18law. Circuits composed of more than
one county shall be compact 
19and of contiguous counties. The General
Assembly by law may 
20provide for the division of a circuit for the
purpose of 
21selection of Circuit Judges and for the selection of Circuit

22Judges from the circuit at large.

23 (b) Each Judicial Circuit shall have one Circuit Court with 
 
 
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1such
number of Circuit Judges as provided by law. Unless 
2otherwise provided
by law, there shall be at least one Circuit 
3Judge from each county. In
the First Judicial District, unless 
4otherwise provided by law, Cook
County, Chicago, and the area 
5outside Chicago shall be separate units
for the selection of 
6Circuit Judges, with at least twelve chosen at
large from the 
7area outside Chicago and at least thirty-six chosen at
large 
8from Chicago.

9 (c) Circuit Judges in each circuit shall select by secret 
10ballot a
Chief Judge from their number to serve at their 
11pleasure. Subject to the
authority of the Supreme Court, the 
12Chief Judge shall have general
administrative authority over 
13his or her court, including authority to provide
for divisions, 
14general or specialized, and for appropriate times and
places of 
15holding court.

16(Source: Illinois Constitution.)





17 (ILCON Art. VI, Sec. 11)



18SECTION 11. ELIGIBILITY FOR OFFICE 

19 No person shall be eligible to be a Judge or Associate 
20Judge unless he or she
is a United States citizen, a licensed 
21attorney-at-law of this State,
and a resident of the unit from 
22which he or she is selected which selects him. No change in the

23boundaries of a unit shall affect the tenure in office of a 
24Judge or
Associate Judge incumbent at the time of such change.

25(Source: Illinois Constitution.)





 
 
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1 (ILCON Art. VI, Sec. 12)



2SECTION 12. SELECTION ELECTION AND RETENTION 

3 (a) Supreme, Appellate and Circuit Judges shall be 
4nominated as provided in this Section. at primary
elections or 
5by petition. Judges shall be elected at general or judicial

6elections as the General Assembly shall provide by law. A 
7person
eligible for the office of Judge may cause his name to 
8appear on the
ballot as a candidate for Judge at the primary 
9and at the general or
judicial elections by submitting 
10petitions. The General Assembly shall
prescribe by law the 
11requirements for petitions.

12 (b) The office of a Judge shall be vacant upon his or her 
13death,
resignation, retirement, removal, or upon the 
14conclusion of his or her term
without retention in office. 
15Whenever an additional Appellate or Circuit
Judge is authorized 
16by law, the office shall be filled in the manner
provided for 
17filling a vacancy in that office.

18 (c) Nonpartisan judicial commissions whose duty it shall be 
19to nominate and submit to the Governor names of persons for 
20appointment as provided in subsection (c-5) are hereby 
21established and shall be organized on the following basis: (i) 
22for vacancies in the office of Supreme Court Judge, there shall 
23be one such commission; (ii) for vacancies in the office 
24Appellate Court Judge, there shall be one such commission for 
25each Judicial District; and (iii) for vacancies in the office 
 
 
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1of Circuit Judge there shall be one such commission for each 
2Judicial Circuit. Each commission shall consist of 4 attorneys 
3and 4 non-attorneys. The 4 attorney members for the Supreme 
4Court judicial commission shall be selected by the attorneys 
5who are licensed to practice law in this State. The 4 attorney 
6members of each Appellate or Circuit Court judicial commission 
7shall be selected by the attorneys who are licensed to practice 
8law in this State and who reside within the appropriate 
9District or Circuit. The 4 non-attorney members of each 
10judicial commission shall be appointed as follows: one member 
11appointed by the President of the Senate; one member appointed 
12by the Minority Leader of the Senate; one member appointed by 
13the Speaker of the House of Representatives; and one member 
14appointed by the Minority Leader of the House of 
15Representatives. Vacancies shall be filled for the unexpired 
16term by the appointing authority. A person is not eligible to 
17serve on a commission if he or she (i) is a federal, State, or 
18local elected official and receives compensation for services 
19rendered as an elected official or (ii) holds any office or 
20official position in a political party. Service in the State 
21Militia or Armed Forces of the United States for a period of 
22time determined by Supreme Court rule does not disqualify a 
23person from service on a commission. Each member of a judicial 
24commission shall be subject to ethics and economic disclosure 
25requirements as provided by law. Members of judicial 
26commissions shall serve for terms of 6 years. No member may be 
 
 
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1appointed or reappointed to a judicial commission for a period 
2of 3 years after the expiration of his or her 6-year term. No 
3member may serve on more than one judicial commission at a 
4time. No member of a judicial commission may be appointed to 
5judicial office while serving on a commission or for a period 
6of 3 years after his or her term on the commission has ended. 
7Each commission shall select a chairperson from among its 
8members. The chairperson shall serve as chairperson for a term 
9of 3 years or until the expiration of his or her term of office 
10as a member, whichever occurs sooner. A commission may conduct 
11investigations, meetings, and hearings, and may employ staff 
12members as necessary to perform its duties. The members of any 
13commission established under this subsection shall receive no 
14salary or other compensation for their services, but they shall 
15be reimbursed for necessary expenses incurred while actually 
16engaged in the discharge of their official duties from moneys 
17appropriated for that purpose. All such commissions shall be 
18administered, and all elections provided for under this 
19subsection shall be held and regulated, under such rules as the 
20Supreme Court shall promulgate. 
21 (c-5) Whenever a vacancy occurs in the office of Supreme, 
22Appellate, or
Circuit Judge, the Administrative Director of the 
23Illinois Courts shall promptly notify the applicable 
24nonpartisan judicial commission established under subsection 
25(c) of this Section. Within 60 days after receiving that 
26notice, the commission shall submit to the Governor a list of 3 
 
 
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1nominees who are qualified for review by the commission. 
2Nominations shall be submitted to the Governor only upon 
3concurrence of not less than two-thirds of all members of the 
4commission. The list shall be in alphabetical order. The 
5Governor shall make the list public. Not less than 28 days nor 
6more than 56 days after receiving the list, the Governor shall 
7fill the vacancy by appointing one of the 3 nominees. If the 
8Governor fails to appoint any of the nominees within 56 days 
9after the list of nominees is submitted, the nonpartisan 
10judicial commission making the nomination shall appoint one of 
11the nominees to fill the vacancy. As used in this subsection, 
12"qualified for review by the commission" means that the 
13nominee, by his or her character, temperament, professional 
14aptitude, experience, and commitment to equal justice under the 
15law, is deemed by the commission to be well qualified to fit 
16the vacancy. All such qualified persons have the right to be 
17considered for selection by the commission free from 
18discrimination on the basis of race, color, creed, national 
19ancestry, or gender. A commission may not include on its list 
20of 3 nominees any person who is on another list submitted to 
21the Governor to fill a vacancy in the same judicial office. A 
22vacancy occurring in the office of Supreme, Appellate or

23Circuit Judge shall be filled as the General Assembly may 
24provide by
law. In the absence of a law, vacancies may be 
25filled by appointment by
the Supreme Court. A person appointed 
26to fill a vacancy 60 or more days
prior to the next primary 
 
 
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1election to nominate Judges shall serve until
the vacancy is 
2filled for a term at the next general or judicial
election. A 
3person appointed to fill a vacancy less than 60 days prior
to 
4the next primary election to nominate Judges shall serve until 
5the
vacancy is filled at the second general or judicial 
6election following
such appointment.

7 (d) Not less than six months before the general election 
8preceding
the expiration of his or her term of office, a 
9Supreme, Appellate or Circuit
Judge who has been appointed or 
10elected to that office may file in the office of the
Secretary 
11of State a declaration of candidacy to succeed himself or 
12herself. The
Secretary of State, not less than 63 days before 
13the election, shall
certify the Judge's candidacy to the proper 
14election officials. The
names of Judges seeking retention shall 
15be submitted to the electors,
separately and without party 
16designation, on the sole question whether
each Judge shall be 
17retained in office for another term. The retention
elections 
18shall be conducted at general elections in the appropriate

19Judicial District, for Supreme and Appellate Judges, and in the 
20circuit
for Circuit Judges. The affirmative vote of 
21three-fifths of the electors
voting on the question shall elect 
22the Judge to the office for a term
commencing on the first 
23Monday in December following his or her election.

24 (e) A law reducing the number of Appellate or Circuit 
25Judges shall
be without prejudice to the right of the Judges 
26affected to seek
retention in office. A reduction shall become 
 
 
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1effective when a vacancy
occurs in the affected unit.

2(Source: Illinois Constitution.)



3
SCHEDULE


4 This Constitutional Amendment takes effect upon being 
5declared adopted in accordance with Section 7 of the Illinois 
6Constitutional Amendment Act.