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In Illinois, the circuit court is the court of original
jurisdiction. There are twenty-four circuits in the state.
Six are single county circuits (Cook, Kane, Will, DuPage,
Lake, and McHenry) and the remaining eighteen circuits
comprise as few as two and as many as twelve counties
each. Except for redistricting of the general assembly
and ruling on the ability of the governor to serve or
resume office, the circuit court has jurisdiction for all
matters properly brought before it. The circuit court
shares jurisdiction with the Supreme Court to hear cases
relating to revenue, mandamus, prohibition, and habeas
corpus. If the Supreme Court chooses to exercise its
authority in a case of these types, the circuit
court loses jurisdiction. The circuit court
is also the reviewing court for certain state
agency administrative orders. There are two
types of judges in the circuit court: circuit
judges and associate judges. Circuit
judges are elected for a six year term and
may be retained by voters for additional
six year terms. They can hear any
circuit court case. Circuit judges are
initially elected either circuit-wide, from
the county where they reside or from
a sub-circuit within a county, depending
on the type of vacancy they are filling.
Associate judges are appointed by circuit
judges, pursuant to supreme court rules, for
four-year terms. An associate judge can hear
any case, except criminal cases punishable
by a prison term of one year or more (felonies).
An associate judge can be specially authorized by
the Supreme Court to hear all criminal cases. Circuit
judges in a circuit elect one of their members to
serve as chief circuit court judge. The chief judge has
general administrative authority in the circuit, subject
to the overall administrative authority of the Supreme
Court. The chief judge can assign cases to general or
specialized divisions within the circuit.
Circuit Court Administrative Matters
Conference of Chief Circuit Judges: The
Conference of Chief Circuit Judges is comprised of
the chief circuit judges from the twenty-three Illinois
judicial circuits. Judge S. Gene Schwarm, Chief Judge
of the Fourth Judicial Circuit, serves as chairperson of
the Conference and Judge Elizabeth A. Robb, Chief
Judge of the Eleventh Judicial Circuit, serves as vice-chairperson.
The Conference meets regularly to discuss
issues related to the administration of justice in the circuit
courts and other matters referred to the Conference by
the Supreme Court. The Administrative Office serves as
secretary to the Conference.
Conference Committees and Activities: The
Conference has several established committees which
address particular issues, and provide information and recommendations. Committees active during 2011
include the Article V Committee; Committee on Forms;
Committee to Revise the Chief Circuit Judges’ Manual;
Domestic Relations Committee; Jury Committee;
Juvenile Committee; Long-Range Planning Committee;
Orientation Committee; Prison Committee; Probation
Committee; Specialty Courts Committee; and several ad
hoc committees convened to study specific, short-term
topics.
During 2011, the committees of the Conference
considered subject matter in several areas. The Jury
Committee finalized a proposal to increase the jury
assembly fee in small claims cases for a six and twelve
person panel, and submitted the proposal
to the Supreme Court for consideration. The
Article V Committee proposed several rule
amendments to the Article V Rules of the
Supreme Court, including an amendment
to Supreme Court Rule 529 (a) and (b)
relating to percentage distributions for bail.
The Juvenile Committee worked with the
Department of Juvenile Justice to amend
the juvenile commitment form to comply
with new provisions created in Public Act
97-362. The Article V Committee, Domestic
Relations Committee, Committee on Forms,
Juvenile Committee, Prison Committee,
Specialty Courts Committee, and Probation
Committee continued to monitor and
analyze new legislation and Supreme Court
Rules relevant to each committee’s focus. As
necessary, related forms, policy, orders, etc.,
were modified in accordance with the new
provisions. In addition, the Long-Range Planning
Committee began to consider presentations for
future educational sessions, which include a strategic
planning session to be held in June 2012. Finally, the
Conference, as a whole, considered several areas such
as disabilities accommodation policies/procedures
for circuit courts; e-Business initiatives; Public Act 96-1431 relating to a new fee for failure to appear warrants;
Public Act 96-1414 relating to probation service fees;
debtor’s prisons and arrests; and Supreme Court Rule
138 relating to social security numbers in pleadings and
related matters.
In the interest of furthering the knowledge and
skills of its members, the Conference hosted a variety of
presentations focused on trial court issues. For example,
the Marshal of the Supreme Court of Illinois offered a
presentation on threat recognition and reporting for
judges; Equip for Equality made a presentation relating to
programs and services aimed at advancing human and
civil rights of children and adults with disabilities; Illinois
Models for Change offered a presentation on treatment
and aftercare for juveniles in the juvenile justice system;
DuPage County provided a presentation on its e-Filing
program; and, finally, the Attorney General’s office
participated in a discussion related to Turner v. Rogers,
which identifies procedural safeguards in civil contempt
proceedings in child support cases.
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