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1 STATE OF ILLINOIS
2 NINETIETH GENERAL ASSEMBLY
3 SENATE
4 Senate Joint Resolution No. 68
5 Offered by Senator Dan Cronin
6 WHEREAS, The 90th General Assembly of the State of
7 Illinois has submitted Senate Joint Resolution Constitutional
8 Amendment 52, a proposition to amend the Illinois
9 Constitution, to the voters of Illinois at the November 1998
10 general election; and
11 WHEREAS, The Illinois Constitutional Amendment Act
12 requires the General Assembly to prepare a brief explanation
13 of the proposed amendment, a brief argument in favor of the
14 amendment, a brief argument against the amendment, and the
15 form in which the amendment will appear on the ballot, and
16 also requires the information be published and distributed to
17 the electorate; and
18 WHEREAS, Senate Joint Resolution 64 created a Joint
19 Committee on the Courts Commission Amendment to prepare the
20 foregoing information; therefore, be it
21 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
22 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
23 CONCURRING HEREIN, that the present and proposed forms of
24 Section 15 of Article VI shall be published as follows:
25 "PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI
26 (The Judiciary)
27 ARTICLE VI
28 THE JUDICIARY
29 (Present Form)
30 SECTION 15. RETIREMENT - DISCIPLINE
31 (a) The General Assembly may provide by law for the
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1 retirement of Judges and Associate Judges at a prescribed
2 age. Any retired Judge or Associate Judge, with his consent,
3 may be assigned by the Supreme Court to judicial service for
4 which he shall receive the applicable compensation in lieu of
5 retirement benefits. A retired Associate Judge may be
6 assigned only as an Associate Judge.
7 (b) A Judicial Inquiry Board is created. The Supreme
8 Court shall select two Circuit Judges as members and the
9 Governor shall appoint four persons who are not lawyers and
10 three lawyers as members of the Board. No more than two of
11 the lawyers and two of the non-lawyers appointed by the
12 Governor shall be members of the same political party. The
13 terms of Board members shall be four years. A vacancy on the
14 Board shall be filled for a full term in the manner the
15 original appointment was made. No member may serve on the
16 Board more than eight years.
17 (c) The Board shall be convened permanently, with
18 authority to conduct investigations, receive or initiate
19 complaints concerning a Judge or Associate Judge, and file
20 complaints with the Courts Commission. The Board shall not
21 file a complaint unless five members believe that a
22 reasonable basis exists (1) to charge the Judge or Associate
23 Judge with willful misconduct in office, persistent failure
24 to perform his duties, or other conduct that is prejudicial
25 to the administration of justice or that brings the judicial
26 office into disrepute, or (2) to charge that the Judge or
27 Associate Judge is physically or mentally unable to perform
28 his duties. All proceedings of the Board shall be
29 confidential except the filing of a complaint with the Courts
30 Commission. The Board shall prosecute the complaint.
31 (d) The Board shall adopt rules governing its
32 procedures. It shall have subpoena power and authority to
33 appoint and direct its staff. Members of the Board who are
34 not Judges shall receive per diem compensation and necessary
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1 expenses; members who are Judges shall receive necessary
2 expenses only. The General Assembly by law shall appropriate
3 funds for the operation of the Board.
4 (e) A Courts Commission is created consisting of one
5 Supreme Court Judge selected by that Court, who shall be its
6 chairman, two Appellate Court Judges selected by that Court,
7 and two Circuit Judges selected by the Supreme Court. The
8 Commission shall be convened permanently to hear complaints
9 filed by the Judicial Inquiry Board. The Commission shall
10 have authority after notice and public hearing, (1) to remove
11 from office, suspend without pay, censure or reprimand a
12 Judge or Associate Judge for willful misconduct in office,
13 persistent failure to perform his duties, or other conduct
14 that is prejudicial to the administration of justice or that
15 brings the judicial office into disrepute, or (2) to suspend,
16 with or without pay, or retire a Judge or Associate Judge who
17 is physically or mentally unable to perform his duties.
18 (f) The concurrence of three members of the Commission
19 shall be necessary for a decision. The decision of the
20 Commission shall be final.
21 (g) The Commission shall adopt rules governing its
22 procedures and shall have power to issue subpoenas. The
23 General Assembly shall provide by law for the expenses of the
24 Commission.
25 ARTICLE VI
26 THE JUDICIARY
27 (Proposed Amendment)
28 (Proposed changes in the existing constitutional
29 provision are indicated by underscoring all new matter and by
30 crossing with a line all matter which is to be deleted.)
31 SECTION 15. RETIREMENT - DISCIPLINE
32 (a) The General Assembly may provide by law for the
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1 retirement of Judges and Associate Judges at a prescribed
2 age. Any retired Judge or Associate Judge, with his or her
3 consent, may be assigned by the Supreme Court to judicial
4 service for which he or she shall receive the applicable
5 compensation in lieu of retirement benefits. A retired
6 Associate Judge may be assigned only as an Associate Judge.
7 (b) A Judicial Inquiry Board is created. The Supreme
8 Court shall select two Circuit Judges as members and the
9 Governor shall appoint four persons who are not lawyers and
10 three lawyers as members of the Board. No more than two of
11 the lawyers and two of the non-lawyers appointed by the
12 Governor shall be members of the same political party. The
13 terms of Board members shall be four years. A vacancy on the
14 Board shall be filled for a full term in the manner the
15 original appointment was made. No member may serve on the
16 Board more than eight years.
17 (c) The Board shall be convened permanently, with
18 authority to conduct investigations, receive or initiate
19 complaints concerning a Judge or Associate Judge, and file
20 complaints with the Courts Commission. The Board shall not
21 file a complaint unless five members believe that a
22 reasonable basis exists (1) to charge the Judge or Associate
23 Judge with willful misconduct in office, persistent failure
24 to perform his duties, or other conduct that is prejudicial
25 to the administration of justice or that brings the judicial
26 office into disrepute, or (2) to charge that the Judge or
27 Associate Judge is physically or mentally unable to perform
28 his duties. All proceedings of the Board shall be
29 confidential except the filing of a complaint with the Courts
30 Commission. The Board shall prosecute the complaint.
31 (d) The Board shall adopt rules governing its
32 procedures. It shall have subpoena power and authority to
33 appoint and direct its staff. Members of the Board who are
34 not Judges shall receive per diem compensation and necessary
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1 expenses; members who are Judges shall receive necessary
2 expenses only. The General Assembly by law shall appropriate
3 funds for the operation of the Board.
4 (e) An independent A Courts Commission is created
5 consisting of one Supreme Court Judge selected by that Court
6 as a member and one as an alternate, who shall be its
7 chairman, two Appellate Court Judges selected by that Court
8 as members and three as alternates, and two Circuit Judges
9 selected by the Supreme Court as members and three as
10 alternates, and two citizens selected by the Governor as
11 members and two as alternates. Members and alternates who are
12 Appellate Court Judges must each be from a different Judicial
13 District. Members and alternates who are Circuit Judges must
14 each be from a different Judicial District. Members and
15 alternates of the Commission shall not be members of the
16 Judicial Inquiry Board. The members of the Commission shall
17 select a chairperson to serve a two-year term.
18 The Commission shall be convened permanently to hear
19 complaints filed by the Judicial Inquiry Board. The
20 Commission shall have authority after notice and public
21 hearing, (1) to remove from office, suspend without pay,
22 censure or reprimand a Judge or Associate Judge for willful
23 misconduct in office, persistent failure to perform his or
24 her duties, or other conduct that is prejudicial to the
25 administration of justice or that brings the judicial office
26 into disrepute, or (2) to suspend, with or without pay, or
27 retire a Judge or Associate Judge who is physically or
28 mentally unable to perform his or her duties.
29 (f) The concurrence of four three members of the
30 Commission shall be necessary for a decision. The decision of
31 the Commission shall be final.
32 (g) The Commission shall adopt comprehensive rules to
33 ensure that governing its procedures are fair and
34 appropriate. These rules and any amendments shall be public
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1 and filed with the Secretary of State at least 30 days before
2 becoming effective.
3 (h) A member of the Commission shall disqualify himself
4 or herself, or the other members of the Commission shall
5 disqualify a member, with respect to any proceeding in which
6 disqualification or recusal would be required of a Judge
7 under rules of the Supreme Court, under rules of the
8 Commission, or by law.
9 If a Supreme Court Judge is the subject of a proceeding,
10 then there shall be no Supreme Court Judge sitting as a
11 member of the Commission with respect to that proceeding.
12 Instead, an alternate Appellate Court Judge not from the same
13 Judicial District as the subject Supreme Court Judge shall
14 replace the subject Supreme Court Judge. If a member who is
15 an Appellate Court Judge is the subject of a proceeding, then
16 an alternate Appellate Court Judge shall replace the subject
17 Appellate Court Judge. If an Appellate Court Judge who is not
18 a member is the subject of a proceeding and an Appellate
19 Court Judge from the same Judicial District is a member, then
20 an alternate Appellate Court Judge shall replace that member.
21 If a member who is a Circuit Judge is the subject of a
22 proceeding, then an alternate Circuit Judge shall replace the
23 subject Circuit Judge. If a Circuit Judge who is not a member
24 is the subject of a proceeding and a Circuit Judge from the
25 same Judicial District is a member, then an alternate Circuit
26 Judge shall replace that member.
27 If a member of the Commission is disqualified under this
28 Section with respect to any proceeding, that member shall be
29 replaced by an alternate on a rotating basis in a manner
30 provided by rule of the Commission. The alternate shall act
31 as member of the Commission with respect to that proceeding
32 only.
33 (i) The Commission and shall have power to issue
34 subpoenas.
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1 (j) Members and alternates of the Commission who are not
2 Judges shall receive per diem compensation and necessary
3 expenses; members and alternates who are Judges shall receive
4 necessary expenses only. The General Assembly shall provide
5 by law for the expenses and compensation of the Commission.";
6 and be it further
7 RESOLVED, That the brief explanation of the proposed
8 amendment shall read as follows:
9 "EXPLANATION OF PROPOSED AMENDMENT
10 The proposed amendment, which takes effect upon approval
11 by the voters, amends Section 15 of the Judiciary Article of
12 the 1970 Illinois Constitution. This section of the
13 Constitution includes provisions relating to the Illinois
14 Courts Commission, which hears complaints filed against
15 Judges by the Judicial Inquiry Board.
16 Currently, the Courts Commission consists of five members
17 (1 Supreme Court Justice appointed by the Supreme Court, 2
18 Appellate Court Justices appointed by the Appellate Court,
19 and 2 Circuit Court Judges appointed by the Supreme Court).
20 The proposed amendment adds two citizens appointed by the
21 Governor to the Courts Commission. The amendment prohibits
22 the participation of a member of the Courts Commission in any
23 proceeding when that participation is deemed inappropriate by
24 the rules of the Supreme Court, rules of the Courts
25 Commission, or by law. The proposed amendment provides that
26 no Supreme Court Justice may serve on the Courts Commission
27 in a proceeding concerning another Supreme Court Justice; no
28 Appellate Court Justice may serve on the Courts Commission in
29 a proceeding concerning another Appellate Court Justice from
30 the same Judicial District; and no Circuit Court Judge may
31 serve on the Courts Commission in a proceeding concerning
32 another Circuit Court Judge from the same Judicial District.
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1 Alternate members are authorized to serve on the Courts
2 Commission when any member is ineligible to serve during a
3 proceeding. The proposed amendment also allows the members
4 of the Courts Commission to appoint a chairperson for a term
5 of 2 years."; and be it further
6 RESOLVED, That the brief argument in favor of the
7 proposed amendment shall read as follows:
8 "ARGUMENT IN FAVOR OF THE PROPOSED AMENDMENT
9 THIS AMENDMENT WILL ENHANCE THE CREDIBILITY OF THE COURTS
10 COMMISSION PROCEEDINGS.
11 Currently, only sitting Judges constitute the membership
12 of the Courts Commission. In both public perception and
13 practice the current Courts Commission is a body without any
14 public participation or involvement at any level. The public
15 is not involved in the appointment of the members of the
16 Courts Commission or in making Courts Commission decisions,
17 nor are these decisions widely circulated by the media. By
18 adding two private citizens to the Courts Commission,
19 representing the general public, the proposed amendment will
20 allow citizens to become a part of the process. The citizens
21 will serve as full voting members and will bring a fresh,
22 common-sense approach to these important proceedings and
23 allow for a well-balanced Courts Commission capable of
24 rendering fair and just decisions. Without public
25 participation in such matters, public faith and confidence in
26 the proceedings suffer.
27 THIS AMENDMENT WILL ENSURE THE IMPARTIALITY OF MEMBERS OF THE
28 COURTS COMMISSION BY CREATING A METHOD TO AVOID CONFLICTS OF
29 INTEREST.
30 Currently, all Judges in Illinois must disqualify
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1 themselves from cases in which they have a personal interest,
2 financial interest, or any other conflict of interest. The
3 proposed amendment would place these same requirements on
4 members of the Courts Commission. Members of the Courts
5 Commission should not be involved in any proceeding where an
6 inherent conflict of interest may influence their decision.
7 The Courts Commission must be an independent and impartial
8 body capable of making decisions which are based upon facts.
9 The proposed amendment also provides for alternate members to
10 fill any position left vacant by a member who is ineligible
11 to serve during a proceeding. By not allowing members with
12 conflicts of interest to serve, this amendment adds
13 credibility to the Courts Commission's deliberations and
14 proceedings.
15 THIS AMENDMENT INSURES STATE-WIDE REPRESENTATION IN THE
16 COURTS COMMISSION.
17 Current constitutional provisions are silent as to
18 geographical representation of the Courts Commission, which
19 could result in all members residing in the same area of the
20 State. This amendment requires that the members and
21 alternates of the Courts Commission appointed from the
22 Appellate Court each be from a different Judicial District.
23 It makes the same requirement with regard to members and
24 alternates appointed from the Circuit Court. In effect,
25 this proposal provides for state-wide distribution of the
26 members of the Courts Commission.
27 THIS AMENDMENT PROMOTES A MORE DEMOCRATIC APPOINTMENT OF THE
28 CHAIRPERSON OF THE COURTS COMMISSION.
29 The Constitution currently provides that the chairperson
30 shall be the Supreme Court Justice serving on the Courts
31 Commission. The proposed amendment permits greater
32 participation by all members by permitting them to elect the
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1 chairperson, who shall serve a two-year term. This proposed
2 change will provide the Courts Commission with greater
3 flexibility in regulating its own activities. The Circuit
4 Court Judges, Appellate Court Justices, and Supreme Court
5 Justices, as well as the public members, will have an equal
6 chance to serve as chairperson, with the opportunity to elect
7 a new chairperson every two years."; and be it further
8 RESOLVED, That the brief argument against the amendment
9 shall read as follows:
10 "ARGUMENT AGAINST THE PROPOSED AMENDMENT
11 THE ILLINOIS CONSTITUTION HAS A SYSTEM TO DISCIPLINE JUDGES.
12 The Illinois Constitution currently has a judicial
13 disciplinary system consisting of two parts. One, the
14 Judicial Inquiry Board receives, initiates, files,
15 investigates and prosecutes complaints concerning all
16 Illinois Judges. Two, the Courts Commission hears any
17 complaints filed by the Judicial Inquiry Board. The current
18 system provides for a sufficient means for reviewing the
19 conduct of Illinois Judges. Compelling reasons for change to
20 this system do not exist.
21 THE AMENDMENT WILL HARM THE COURTS COMMISSION'S INTEGRITY BY
22 POLITICIZING THE COMMISSION.
23 Although the proponents argue that two citizen members
24 would enhance integrity to the Illinois Courts Commission, it
25 could actually harm its integrity by politicizing the Courts
26 Commission. This Constitutional Amendment allows the
27 Governor to appoint two citizens to the Courts Commission
28 without the confirmation of the State Senate. Therefore, the
29 Governor could appoint two citizens of his or her own party
30 to the Courts Commission. These members could favor the
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1 Governor who appointed them. As a result, these citizen
2 members could be influenced to vote in favor of Judges who
3 are members of the Governor's political party or for whom the
4 Governor has expressed support.
5 THIS AMENDMENT DOES NOT ALLOW THE SENATE TO CONFIRM THE
6 GOVERNOR'S APPOINTMENTS OF PUBLIC MEMBERS.
7 The inability of the Illinois State Senate to confirm or
8 reject these appointments contradicts other constitutional
9 provisions that require the Illinois State Senate to approve
10 gubernatorial appointees. This would eliminate an important
11 check on the Executive Branch of government, which helps to
12 ensure that unqualified individuals are not appointed to
13 commissions and boards like the Courts Commission.
14 THIS AMENDMENT MAY RESULT IN UNINFORMED DECISIONS.
15 The amendment provides only for the appointment of public
16 members to serve on the Courts Commission. The amendment
17 does not impose any special qualifications for these public
18 members. Because public members may not have the necessary
19 experience relating to the judiciary, there is an increased
20 chance that the Courts Commission decisions might not be made
21 in an informed manner. Also, decisions by other boards or
22 commissions consisting of public members that review the
23 conduct of other professionals in Illinois do not make final
24 decisions but often merely make recommendations to a
25 disciplinary board. If public members are added to the
26 Courts Commission, the same safeguard should be required.
27 The amendment fails to provide for review of decisions of the
28 Courts Commission by the Supreme Court of Illinois or by a
29 Special Tribunal consisting of Appellate Court Justices in
30 the event that a member of the Supreme Court is being
31 reviewed."; and be it further
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1 RESOLVED, That the proposition shall appear on the ballot
2 in the following form:
3 "PROPOSED AMENDMENT TO
4 SECTION 15 OF ARTICLE VI
5 (The Judiciary)
6 Explanation of Proposed Amendment
7 The proposed amendment, which takes effect upon approval
8 by the voters, amends Section 15 of the Judiciary Article of
9 the 1970 Illinois Constitution. This section of the
10 Constitution includes provisions relating to the Illinois
11 Courts Commission, which hears complaints filed against
12 Judges by the Judicial Inquiry Board.
13 Currently, the Courts Commission consists of five members
14 (1 Supreme Court Justice appointed by the Supreme Court, 2
15 Appellate Court Justices appointed by the Appellate Court,
16 and 2 Circuit Court Judges appointed by the Supreme Court).
17 The proposed amendment adds two citizens appointed by the
18 Governor to the Courts Commission. The amendment prohibits
19 the participation of a member of the Courts Commission in any
20 proceeding when that participation is deemed inappropriate by
21 the rules of the Supreme Court, rules of the Courts
22 Commission, or by law. The proposed amendment provides that
23 no Supreme Court Justice may serve on the Courts Commission
24 in a proceeding concerning another Supreme Court Justice; no
25 Appellate Court Justice may serve on the Courts Commission in
26 a proceeding concerning another Appellate Court Justice from
27 the same Judicial District; and no Circuit Court Judge may
28 serve on the Courts Commission in a proceeding concerning
29 another Circuit Court Judge from the same Judicial District.
30 Alternate members are authorized to serve on the Courts
31 Commission when any member is ineligible to serve during a
32 proceeding. The proposed amendment also allows the members
33 of the Courts Commission to appoint a chairperson for a term
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1 of 2 years.
2 -------------------------------------------------------------
3 For the proposed amendment to YES
4 Section 15 of Article VI -- The --------------------------
5 Judiciary -- of the Constitution NO
6 -----------------------------------------------------------";
7 and be it further
8 RESOLVED, That this resolution and Senate Joint
9 Resolution Constitutional Amendment 52 be submitted to the
10 Attorney General and filed in the Office of the Secretary of
11 State so that they may comply with the requirements of the
12 Constitution and the laws of the State of Illinois.
13 Adopted by the Senate, May 22, 1998.
14 _______________________
15 President of the Senate
16 _______________________
17 Secretary of the Senate
18 Concurred in by the House of Representatives, May 22,
19 1998.
20 _________________________
21 Speaker of House of
22 Representatives
23 _________________________
24 Clerk of House of
25 Representatives
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