Illinois Supreme Court

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Illinois Supreme Court
Sitting justices
Robert Thomas
Thomas Fitzgerald
Charles Freeman
Rita Garman
Lloyd Karmeier
Thomas Kilbride
Anne Burke
2008 candidates
Anne Burke
Former justices
Illinois on Judgepedia

Contents

The Supreme Court of Illinois was founded in 1818 via Article IV of the Illinois Constitution. It is the highest judicial court of the state of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected on a partisan basis from the five appellate judicial districts of the state[1]. The district encompassing Cook County is represented by three justices, while the other four districts elect one each. Each justice is elected for a term of ten years[2] and the chief justice is elected by the court from its members for a three-year term. After their initial term, the justices stand for retention by election, by which they must receive 60% of the vote.

The court has limited original jurisdiction, hears appeals of right in death penalty cases and cases where the constitutionality of laws has been called into question, and has a docket of discretionary appeal from the Illinois Appellate Court. Along with the state legislature, the court promulgates court rules for the state as a whole. The Supreme Court has general administrative and supervisory authority over all courts in the state. This authority is exercised by the Chief Justice with the assistance of the Administrative Director and staff appointed by the Supreme Court. The Supreme Court hears appeals from lower courts and may exercise original jurisdiction in cases relating to revenue, mandamus, prohibition or habeas corpus.

Also, its members have the authority to elevate trial judges to the appellate court on a temporary basis [3]. The court administers professional discipline through the Attorney Registration and Disciplinary Committee and they govern initial licensing through the Illinois Board of Admissions to the Bar.

History

Early Court Years 1818-1848

On December 3, 1818, President James Monroe signed an act of Congress admitting Illinois as a state. The judicial system was spelled out in Article IV of the Illinois constitution, and a Supreme Court of four judges was established. It had appellate jurisdiction except in cases of revenue, mandamus, habeas corpus and impeachment in which it was the court of original jurisdiction. The judges of the Supreme Court were appointed by the General Assembly and any inferior courts were to be established by the General Assembly. A circuit court judge had original jurisdiction in his respective circuit over all matters and suits at common law or in chancery where the debt or demand was more than $20, and of all cases of treason, other felonies, crimes and misdemeanors. New judges were appointed with no fixed term. All members of the judiciary were totally dependent upon the legislature (to appoint them and not to remove them).

Circuit courts were alternately created and legislated out of existence numerous times between 1818 and 1848, temporarily lessening and increasing the Supreme Court's caseload. In 1841, all circuits and circuit judges were legislated out of existence. Five new Supreme Court judges were appointed to supplement the existing four judges. This enlarged Supreme Court was reassigned to circuit court duties. This system remained unchanged until 1848 when the second Illinois Constitution was adopted.[4]

Courts under the Constitution of 1848

Article V of the Illinois Constitution of 1848 established a Supreme Court of three judges. Two of the three constituted a quorum. These judges were elected by popular vote. One was elected from each of the divisions of the state for a nine year term. This Supreme Court had original jurisdiction in cases of revenue, mandamus, habeas corpus, and impeachment, and appellate jurisdiction in all other cases. It was to convene once annually in each division.

The Constitution of 1848 established nine circuits. One judge was to be elected for a six year term in each circuit. The circuit court was required to hold two or more sessions annually in each county. It had jurisdiction in all cases at law and in equity and all cases on appeal from inferior courts. The General Assembly received the power to increase the number of circuits, and it exercised that power.[5]

Courts under the Constitution of 1870

The Constitution of 1870 spelled out the new judicial system in Article VI. The Supreme Court consisted of seven judges, and had the same jurisdiction as it had under previous constitutions. It was to hold annual terms in each of the three grand divisions established by the 1848 Constitution, and one or more terms at Chicago, if suitable quarters were provided. Four judges constituted a quorum and the concurrence of four was necessary for a decision. The state was divided into seven districts for election of the Supreme Court judges. These districts could be changed by law to maintain equality in population, but must be composed of contiguous counties. The judges' terms of office were nine years. The Constitution of 1870 was in essence the law of the State of Illinois until adoption of the 1970 Constitution.[6]

Courts under the Constitution of 1970

The Judicial Article (Article VI) of the 1970 Constitution decreased the Supreme Court's mandatory appellate jurisdiction. Appeals from circuit court judgments are made directly to the Supreme Court as a matter of constitutional right only when the circuit court imposes a death sentence. Judgments of the circuit court not appealable to the Supreme Court as a matter of right are appealable to the Appellate Court except for acquittals on the merits in criminal cases.

The new Judicial Article provided for appeals from the Appellate Court to the Supreme Court as a matter of constitutional right in only two situations. The first situation involves cases in which a question arising under either the Illinois or United States Constitutions is made an issue for the first time in and as a result of the action of the Appellate Court. The other situation involves cases which the Appellate Court certifies as being of such importance that they should be decided by the Supreme Court. The Supreme Court may provide by rule for all other appeals from the circuit court and the Appellate Court.

Along with the decreased mandatory jurisdiction, the framers of the 1970 Constitution made other conscious efforts to increase the supervisory and administrative authority of the Supreme Court. The constitution clarified the Supreme Court's authority to make temporary assignments of judges, defined the Court's authority to establish procedures for appointing associate judges and to determine matters assignable to them, and strengthened the Court's authority to adopt rules of conduct for judges. The Court retained the power to provide for the number of appellate court divisions in each district.[7]

Reform Efforts

In the years since the convention of 1970, there have been multiple attempts to reform the court, and specifically to change the method of judicial selection. Proponents have included the Illinois State Bar Association, the Chicago Bar Association and the League of Women Voters of Illinois. None of these efforts were successful.[8]

Current Justices

Previous Chief Justices

2000 – Present

1900 – 2000

Removal from office

Illinois judges may be removed in one of two ways:

  • The judicial inquiry board files complaints with the courts commission. After notice and hearing, the commission may reprimand, censure, suspend, retire, or remove a judge.
  • Judges may be impeached by a majority vote of the house of representatives and removed by a two-thirds vote of the senate."[9]

External links

References

  1. ↑ http://www.ilga.gov/commission/lrb/con6.htm
  2. ↑ http://www.state.il.us/court/SupremeCourt/CourtsInIL.htm
  3. ↑ http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1833&ChapAct=705%26nbsp%3BILCS%26nbsp%3B25%2F&ChapterID=50&ChapterName=COURTS&ActName=Appellate+Court+Act%2E
  4. ↑ http://www.state.il.us/court/General/History.asp
  5. ↑ http://www.state.il.us/court/General/History.asp
  6. ↑ http://www.state.il.us/court/General/History.asp
  7. ↑ http://www.state.il.us/court/General/History.asp
  8. ↑ http://www.ajs.org/js/IL_history.htm
  9. ↑ Methods of Selection: Removal of Judges


Portions of this article have been taken from Wikipedia, the free encyclopedia. Copyright Notice can be found here.


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