Bill Text: IL HB4080 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Circuit Courts Act. Creates an additional Boone County resident judgeship in the 17th judicial circuit (Boone and Winnebago counties), to be elected first in 2010. Requires the judge to continue to reside in Boone County. Authorizes the Illinois Supreme Court to fill the judgeship by appointment until then. Specifies that the judgeship is not a subcircuit judgeship. Effective July 1, 2009.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4080 Detail]

Download: Illinois-2009-HB4080-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4080 Introduced 2/27/2009, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED:
705 ILCS 35/2f-6
705 ILCS 35/2k new
Amends the Circuit Courts Act. Creates an additional Boone County resident judgeship in the 17th judicial circuit (Boone and Winnebago counties), to be elected first in 2010. Requires the judge to continue to reside in Boone County. Authorizes the Illinois Supreme Court to fill the judgeship by appointment until then. Specifies that the judgeship is not a subcircuit judgeship. Effective July 1, 2009.
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FISCAL NOTE ACT MAY APPLY JUDICIAL NOTE ACT MAY APPLY
A BILL FOR
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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
Section 2f-6 and by adding Section 2k as follows:
(705 ILCS 35/2f-6)
Sec. 2f-6. 17th judicial circuit; subcircuits.
(a) The 17th circuit shall be divided into 4 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 4 subcircuits. That numerical order
shall be the basis for the order in which resident judgeships
are assigned to the subcircuits. Once a resident judgeship is
assigned to a subcircuit, it shall continue to be assigned to
that subcircuit for all purposes.
(a-10) Of the 17th circuit's 9 existing circuit judgeships
existing on April 7, 2005 (6 at large and 3 resident), but not
including the one resident judgeship added by this amendatory
Act of the 96th General Assembly, the 3 resident judgeships
shall be allotted as 17th circuit resident judgeships under
subsection (c) as those resident judgeships are or become

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vacant on or after the effective date of this amendatory Act of
the 93rd General Assembly. Of the 17th circuit's associate
judgeships, the first associate judgeship that is or becomes
vacant on or after the effective date of this amendatory Act of
the 93rd General Assembly shall become a resident judgeship of
the 17th circuit to be allotted by the Supreme Court under
subsection (c) as a resident subcircuit judgeship. These
resident judgeships, and the one resident judgeship added by
this amendatory Act of the 96th General Assembly, shall
constitute all of the resident judgeships of the 17th circuit.
As used in this subsection, a vacancy does not include the
expiration of a term of a resident judge who seeks retention in
that office at the next term. A vacancy does not exist or occur
at the expiration of an associate judge's term if the associate
judge is reappointed.
(b) The 17th circuit shall have a total of 4 judgeships (3
resident judgeships existing on April 7, 2005 and one associate
judgeship), but not including the one resident judgeship added
by this amendatory Act of the 96th General Assembly, available
to be allotted to the 4 subcircuit resident judgeships.
(c) The Supreme Court shall allot (i) the 3 resident
judgeships of the 17th circuit existing on April 7, 2005 as
they are or become vacant as provided in subsection (a-10) and
(ii) the one associate judgeship converted into a resident
judgeship of the 17th circuit as it is or becomes vacant as
provided in subsection (a-10), for election from the various

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subcircuits until there is one resident judge to be elected
from each subcircuit. No resident or associate judge of the
17th circuit serving on the effective date of this amendatory
Act of the 93rd General Assembly shall be required to change
his or her residency in order to continue serving in office or
to seek retention or reappointment in office as resident
judgeships are allotted by the Supreme Court in accordance with
this Section.
(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 17th circuit
shall be filled in the manner provided in Article VI of the
Illinois Constitution.
(Source: P.A. 95-610, eff. 9-11-07.)
(705 ILCS 35/2k new)
Sec. 2k. Additional 17th circuit resident judge. In
addition to the number of circuit judges otherwise authorized
by this Act, there shall be one additional judge elected in the
17th judicial circuit who shall be a resident of and elected
from Boone County. The additional resident circuit judgeship
created by this Section may be filled by appointment by the

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Illinois Supreme Court until the judgeship is filled by
election beginning at the 2010 general election. The judgeship
provided by this Section shall not be a subcircuit judgeship. A
resident judge elected from Boone County under this Section
must continue to reside in Boone County as long as he or she
holds that office.
Section 99. Effective date. This Act takes effect July 1,
2009.