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90_SJ0068eng
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1 SENATE JOINT RESOLUTION NO. 68
2 (As amended by Senate Amendment No. 1)
3 WHEREAS, The 90th General Assembly of the State of
4 Illinois has submitted Senate Joint Resolution Constitutional
5 Amendment 52, a proposition to amend the Illinois
6 Constitution, to the voters of Illinois at the November 1998
7 general election; and
8 WHEREAS, The Illinois Constitutional Amendment Act
9 requires the General Assembly to prepare a brief explanation
10 of the proposed amendment, a brief argument in favor of the
11 amendment, a brief argument against the amendment, and the
12 form in which the amendment will appear on the ballot, and
13 also requires the information be published and distributed to
14 the electorate; and
15 WHEREAS, Senate Joint Resolution 64 created a Joint
16 Committee on the Courts Commission Amendment to prepare the
17 foregoing information; therefore, be it
18 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
19 OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
20 CONCURRING HEREIN, that the present and proposed forms of
21 Section 15 of Article VI shall be published as follows:
22 "PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI
23 (The Judiciary)
24 ARTICLE VI
25 THE JUDICIARY
26 (Present Form)
27 SECTION 15. RETIREMENT - DISCIPLINE
28 (a) The General Assembly may provide by law for the
29 retirement of Judges and Associate Judges at a prescribed
30 age. Any retired Judge or Associate Judge, with his consent,
31 may be assigned by the Supreme Court to judicial service for
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1 which he shall receive the applicable compensation in lieu of
2 retirement benefits. A retired Associate Judge may be
3 assigned only as an Associate Judge.
4 (b) A Judicial Inquiry Board is created. The Supreme
5 Court shall select two Circuit Judges as members and the
6 Governor shall appoint four persons who are not lawyers and
7 three lawyers as members of the Board. No more than two of
8 the lawyers and two of the non-lawyers appointed by the
9 Governor shall be members of the same political party. The
10 terms of Board members shall be four years. A vacancy on the
11 Board shall be filled for a full term in the manner the
12 original appointment was made. No member may serve on the
13 Board more than eight years.
14 (c) The Board shall be convened permanently, with
15 authority to conduct investigations, receive or initiate
16 complaints concerning a Judge or Associate Judge, and file
17 complaints with the Courts Commission. The Board shall not
18 file a complaint unless five members believe that a
19 reasonable basis exists (1) to charge the Judge or Associate
20 Judge with willful misconduct in office, persistent failure
21 to perform his duties, or other conduct that is prejudicial
22 to the administration of justice or that brings the judicial
23 office into disrepute, or (2) to charge that the Judge or
24 Associate Judge is physically or mentally unable to perform
25 his duties. All proceedings of the Board shall be
26 confidential except the filing of a complaint with the Courts
27 Commission. The Board shall prosecute the complaint.
28 (d) The Board shall adopt rules governing its
29 procedures. It shall have subpoena power and authority to
30 appoint and direct its staff. Members of the Board who are
31 not Judges shall receive per diem compensation and necessary
32 expenses; members who are Judges shall receive necessary
33 expenses only. The General Assembly by law shall appropriate
34 funds for the operation of the Board.
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1 (e) A Courts Commission is created consisting of one
2 Supreme Court Judge selected by that Court, who shall be its
3 chairman, two Appellate Court Judges selected by that Court,
4 and two Circuit Judges selected by the Supreme Court. The
5 Commission shall be convened permanently to hear complaints
6 filed by the Judicial Inquiry Board. The Commission shall
7 have authority after notice and public hearing, (1) to remove
8 from office, suspend without pay, censure or reprimand a
9 Judge or Associate Judge for willful misconduct in office,
10 persistent failure to perform his duties, or other conduct
11 that is prejudicial to the administration of justice or that
12 brings the judicial office into disrepute, or (2) to suspend,
13 with or without pay, or retire a Judge or Associate Judge who
14 is physically or mentally unable to perform his duties.
15 (f) The concurrence of three members of the Commission
16 shall be necessary for a decision. The decision of the
17 Commission shall be final.
18 (g) The Commission shall adopt rules governing its
19 procedures and shall have power to issue subpoenas. The
20 General Assembly shall provide by law for the expenses of the
21 Commission.
22 ARTICLE VI
23 THE JUDICIARY
24 (Proposed Amendment)
25 (Proposed changes in the existing constitutional
26 provision are indicated by underscoring all new matter and by
27 crossing with a line all matter which is to be deleted.)
28 SECTION 15. RETIREMENT - DISCIPLINE
29 (a) The General Assembly may provide by law for the
30 retirement of Judges and Associate Judges at a prescribed
31 age. Any retired Judge or Associate Judge, with his or her
32 consent, may be assigned by the Supreme Court to judicial
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1 service for which he or she shall receive the applicable
2 compensation in lieu of retirement benefits. A retired
3 Associate Judge may be assigned only as an Associate Judge.
4 (b) A Judicial Inquiry Board is created. The Supreme
5 Court shall select two Circuit Judges as members and the
6 Governor shall appoint four persons who are not lawyers and
7 three lawyers as members of the Board. No more than two of
8 the lawyers and two of the non-lawyers appointed by the
9 Governor shall be members of the same political party. The
10 terms of Board members shall be four years. A vacancy on the
11 Board shall be filled for a full term in the manner the
12 original appointment was made. No member may serve on the
13 Board more than eight years.
14 (c) The Board shall be convened permanently, with
15 authority to conduct investigations, receive or initiate
16 complaints concerning a Judge or Associate Judge, and file
17 complaints with the Courts Commission. The Board shall not
18 file a complaint unless five members believe that a
19 reasonable basis exists (1) to charge the Judge or Associate
20 Judge with willful misconduct in office, persistent failure
21 to perform his duties, or other conduct that is prejudicial
22 to the administration of justice or that brings the judicial
23 office into disrepute, or (2) to charge that the Judge or
24 Associate Judge is physically or mentally unable to perform
25 his duties. All proceedings of the Board shall be
26 confidential except the filing of a complaint with the Courts
27 Commission. The Board shall prosecute the complaint.
28 (d) The Board shall adopt rules governing its
29 procedures. It shall have subpoena power and authority to
30 appoint and direct its staff. Members of the Board who are
31 not Judges shall receive per diem compensation and necessary
32 expenses; members who are Judges shall receive necessary
33 expenses only. The General Assembly by law shall appropriate
34 funds for the operation of the Board.
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1 (e) An independent A Courts Commission is created
2 consisting of one Supreme Court Judge selected by that Court
3 as a member and one as an alternate, who shall be its
4 chairman, two Appellate Court Judges selected by that Court
5 as members and three as alternates, and two Circuit Judges
6 selected by the Supreme Court as members and three as
7 alternates, and two citizens selected by the Governor as
8 members and two as alternates. Members and alternates who are
9 Appellate Court Judges must each be from a different Judicial
10 District. Members and alternates who are Circuit Judges must
11 each be from a different Judicial District. Members and
12 alternates of the Commission shall not be members of the
13 Judicial Inquiry Board. The members of the Commission shall
14 select a chairperson to serve a two-year term.
15 The Commission shall be convened permanently to hear
16 complaints filed by the Judicial Inquiry Board. The
17 Commission shall have authority after notice and public
18 hearing, (1) to remove from office, suspend without pay,
19 censure or reprimand a Judge or Associate Judge for willful
20 misconduct in office, persistent failure to perform his or
21 her duties, or other conduct that is prejudicial to the
22 administration of justice or that brings the judicial office
23 into disrepute, or (2) to suspend, with or without pay, or
24 retire a Judge or Associate Judge who is physically or
25 mentally unable to perform his or her duties.
26 (f) The concurrence of four three members of the
27 Commission shall be necessary for a decision. The decision of
28 the Commission shall be final.
29 (g) The Commission shall adopt comprehensive rules to
30 ensure that governing its procedures are fair and
31 appropriate. These rules and any amendments shall be public
32 and filed with the Secretary of State at least 30 days before
33 becoming effective.
34 (h) A member of the Commission shall disqualify himself
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1 or herself, or the other members of the Commission shall
2 disqualify a member, with respect to any proceeding in which
3 disqualification or recusal would be required of a Judge
4 under rules of the Supreme Court, under rules of the
5 Commission, or by law.
6 If a Supreme Court Judge is the subject of a proceeding,
7 then there shall be no Supreme Court Judge sitting as a
8 member of the Commission with respect to that proceeding.
9 Instead, an alternate Appellate Court Judge not from the same
10 Judicial District as the subject Supreme Court Judge shall
11 replace the subject Supreme Court Judge. If a member who is
12 an Appellate Court Judge is the subject of a proceeding, then
13 an alternate Appellate Court Judge shall replace the subject
14 Appellate Court Judge. If an Appellate Court Judge who is not
15 a member is the subject of a proceeding and an Appellate
16 Court Judge from the same Judicial District is a member, then
17 an alternate Appellate Court Judge shall replace that member.
18 If a member who is a Circuit Judge is the subject of a
19 proceeding, then an alternate Circuit Judge shall replace the
20 subject Circuit Judge. If a Circuit Judge who is not a member
21 is the subject of a proceeding and a Circuit Judge from the
22 same Judicial District is a member, then an alternate Circuit
23 Judge shall replace that member.
24 If a member of the Commission is disqualified under this
25 Section with respect to any proceeding, that member shall be
26 replaced by an alternate on a rotating basis in a manner
27 provided by rule of the Commission. The alternate shall act
28 as member of the Commission with respect to that proceeding
29 only.
30 (i) The Commission and shall have power to issue
31 subpoenas.
32 (j) Members and alternates of the Commission who are not
33 Judges shall receive per diem compensation and necessary
34 expenses; members and alternates who are Judges shall receive
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1 necessary expenses only. The General Assembly shall provide
2 by law for the expenses and compensation of the Commission.";
3 and be it further
4 RESOLVED, That the brief explanation of the proposed
5 amendment shall read as follows:
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
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1 of the Courts Commission to appoint a chairperson for a term
2 of 2 years."; and be it further
3 RESOLVED, That the brief argument in favor of the
4 proposed amendment shall read as follows:
5 "ARGUMENT IN FAVOR OF THE PROPOSED AMENDMENT
6 THIS AMENDMENT WILL ENHANCE THE CREDIBILITY OF THE COURTS
7 COMMISSION PROCEEDINGS.
8 Currently, only sitting Judges constitute the membership
9 of the Courts Commission. In both public perception and
10 practice the current Courts Commission is a body without any
11 public participation or involvement at any level. The public
12 is not involved in the appointment of the members of the
13 Courts Commission or in making Courts Commission decisions,
14 nor are these decisions widely circulated by the media. By
15 adding two private citizens to the Courts Commission,
16 representing the general public, the proposed amendment will
17 allow citizens to become a part of the process. The citizens
18 will serve as full voting members and will bring a fresh,
19 common-sense approach to these important proceedings and
20 allow for a well-balanced Courts Commission capable of
21 rendering fair and just decisions. Without public
22 participation in such matters, public faith and confidence in
23 the proceedings suffer.
24 THIS AMENDMENT WILL ENSURE THE IMPARTIALITY OF MEMBERS OF THE
25 COURTS COMMISSION BY CREATING A METHOD TO AVOID CONFLICTS OF
26 INTEREST.
27 Currently, all Judges in Illinois must disqualify
28 themselves from cases in which they have a personal interest,
29 financial interest, or any other conflict of interest. The
30 proposed amendment would place these same requirements on
31 members of the Courts Commission. Members of the Courts
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1 Commission should not be involved in any proceeding where an
2 inherent conflict of interest may influence their decision.
3 The Courts Commission must be an independent and impartial
4 body capable of making decisions which are based upon facts.
5 The proposed amendment also provides for alternate members to
6 fill any position left vacant by a member who is ineligible
7 to serve during a proceeding. By not allowing members with
8 conflicts of interest to serve, this amendment adds
9 credibility to the Courts Commission's deliberations and
10 proceedings.
11 THIS AMENDMENT INSURES STATE-WIDE REPRESENTATION IN THE
12 COURTS COMMISSION.
13 Current constitutional provisions are silent as to
14 geographical representation of the Courts Commission, which
15 could result in all members residing in the same area of the
16 State. This amendment requires that the members and
17 alternates of the Courts Commission appointed from the
18 Appellate Court each be from a different Judicial District.
19 It makes the same requirement with regard to members and
20 alternates appointed from the Circuit Court. In effect,
21 this proposal provides for state-wide distribution of the
22 members of the Courts Commission.
23 THIS AMENDMENT PROMOTES A MORE DEMOCRATIC APPOINTMENT OF THE
24 CHAIRPERSON OF THE COURTS COMMISSION.
25 The Constitution currently provides that the chairperson
26 shall be the Supreme Court Justice serving on the Courts
27 Commission. The proposed amendment permits greater
28 participation by all members by permitting them to elect the
29 chairperson, who shall serve a two-year term. This proposed
30 change will provide the Courts Commission with greater
31 flexibility in regulating its own activities. The Circuit
32 Court Judges, Appellate Court Justices, and Supreme Court
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1 Justices, as well as the public members, will have an equal
2 chance to serve as chairperson, with the opportunity to elect
3 a new chairperson every two years."; and be it further
4 RESOLVED, That the brief argument against the amendment
5 shall read as follows:
6 "ARGUMENT AGAINST THE PROPOSED AMENDMENT
7 THE ILLINOIS CONSTITUTION HAS A SYSTEM TO DISCIPLINE JUDGES.
8 The Illinois Constitution currently has a judicial
9 disciplinary system consisting of two parts. One, the
10 Judicial Inquiry Board receives, initiates, files,
11 investigates and prosecutes complaints concerning all
12 Illinois Judges. Two, the Courts Commission hears any
13 complaints filed by the Judicial Inquiry Board. The current
14 system provides for a sufficient means for reviewing the
15 conduct of Illinois Judges. Compelling reasons for change to
16 this system do not exist.
17 THE AMENDMENT WILL HARM THE COURTS COMMISSION'S INTEGRITY BY
18 POLITICIZING THE COMMISSION.
19 Although the proponents argue that two citizen members
20 would enhance integrity to the Illinois Courts Commission, it
21 could actually harm its integrity by politicizing the Courts
22 Commission. This Constitutional Amendment allows the
23 Governor to appoint two citizens to the Courts Commission
24 without the confirmation of the State Senate. Therefore, the
25 Governor could appoint two citizens of his or her own party
26 to the Courts Commission. These members could favor the
27 Governor who appointed them. As a result, these citizen
28 members could be influenced to vote in favor of Judges who
29 are members of the Governor's political party or for whom the
30 Governor has expressed support.
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1 THIS AMENDMENT DOES NOT ALLOW THE SENATE TO CONFIRM THE
2 GOVERNOR'S APPOINTMENTS OF PUBLIC MEMBERS.
3 The inability of the Illinois State Senate to confirm or
4 reject these appointments contradicts other constitutional
5 provisions that require the Illinois State Senate to approve
6 gubernatorial appointees. This would eliminate an important
7 check on the Executive Branch of government, which helps to
8 ensure that unqualified individuals are not appointed to
9 commissions and boards like the Courts Commission.
10 THIS AMENDMENT MAY RESULT IN UNINFORMED DECISIONS.
11 The amendment provides only for the appointment of public
12 members to serve on the Courts Commission. The amendment
13 does not impose any special qualifications for these public
14 members. Because public members may not have the necessary
15 experience relating to the judiciary, there is an increased
16 chance that the Courts Commission decisions might not be made
17 in an informed manner. Also, decisions by other boards or
18 commissions consisting of public members that review the
19 conduct of other professionals in Illinois do not make final
20 decisions but often merely make recommendations to a
21 disciplinary board. If public members are added to the
22 Courts Commission, the same safeguard should be required.
23 The amendment fails to provide for review of decisions of the
24 Courts Commission by the Supreme Court of Illinois or by a
25 Special Tribunal consisting of Appellate Court Justices in
26 the event that a member of the Supreme Court is being
27 reviewed."; and be it further
28 RESOLVED, That the proposition shall appear on the ballot
29 in the following form:
30 "PROPOSED AMENDMENT TO
31 SECTION 15 OF ARTICLE VI
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1 (The Judiciary)
2 Explanation of Proposed Amendment
3 The proposed amendment, which takes effect upon approval
4 by the voters, amends Section 15 of the Judiciary Article of
5 the 1970 Illinois Constitution. This section of the
6 Constitution includes provisions relating to the Illinois
7 Courts Commission, which hears complaints filed against
8 Judges by the Judicial Inquiry Board.
9 Currently, the Courts Commission consists of five members
10 (1 Supreme Court Justice appointed by the Supreme Court, 2
11 Appellate Court Justices appointed by the Appellate Court,
12 and 2 Circuit Court Judges appointed by the Supreme Court).
13 The proposed amendment adds two citizens appointed by the
14 Governor to the Courts Commission. The amendment prohibits
15 the participation of a member of the Courts Commission in any
16 proceeding when that participation is deemed inappropriate by
17 the rules of the Supreme Court, rules of the Courts
18 Commission, or by law. The proposed amendment provides that
19 no Supreme Court Justice may serve on the Courts Commission
20 in a proceeding concerning another Supreme Court Justice; no
21 Appellate Court Justice may serve on the Courts Commission in
22 a proceeding concerning another Appellate Court Justice from
23 the same Judicial District; and no Circuit Court Judge may
24 serve on the Courts Commission in a proceeding concerning
25 another Circuit Court Judge from the same Judicial District.
26 Alternate members are authorized to serve on the Courts
27 Commission when any member is ineligible to serve during a
28 proceeding. The proposed amendment also allows the members
29 of the Courts Commission to appoint a chairperson for a term
30 of 2 years.
31 -------------------------------------------------------------
32 For the proposed amendment to YES
33 Section 15 of Article VI -- The --------------------------
34 Judiciary -- of the Constitution NO
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1 -----------------------------------------------------------";
2 and be it further
3 RESOLVED, That this resolution and Senate Joint
4 Resolution Constitutional Amendment 52 be submitted to the
5 Attorney General and filed in the Office of the Secretary of
6 State so that they may comply with the requirements of the
7 Constitution and the laws of the State of Illinois.
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