!! Proposed Amendment !!
to the
CONSTITUTION
of
ILLINOIS
That will be submitted to the voters
NOVEMBER 3, 1998
Typed exactly as it appeared in a pamphlet
sent to me, b.a.i.a.c, on the day of October
the eighth, 1998. However, I removed the
sections "explanation of ..." "arguments
for/against ..." and "Form of Ballot,"
because I know most of you are quite
sufficiently intelligent to understand this.
Note that the most interesting changes happen
when we get to sections (e) through (j), which
deal with judicial inquiry ... he adds two
CITIZENS to the Courts Commission (which
controls the Judicial Inquiry Board) who are
chosen BY THE GOVERNOR. No restrictions. It
does not even provide for which state these
ordinary persons are citizens OF. After adding
two members, he then raises the requirement
to convict only by ONE ... making it easier
to get at who he wants, but if he has two
citizens in there to help him, saving his butt.
And, as if to add insult to injury, he requires
that the Commission submit its rules to the
SECRETARY OF STATE. And, who, pray tell, is
in fact the Secretary of State, and being
inquired into right now?
Could it be... George H. Ryan?
baiac@halo.dope.org
Includes:
Present Form of Constitution
Proposed Amendment to Constitution
Eplanation of Proposed Amendment
Arguments in Favor of Proposed Amendment
Arguments Against Proposed Amendment
Form of Ballot
<state seal>
Published in compliance with the Illinois Statutes
by
GEORGE H. RYAN
Secretary of State
To the Citizens of the State of Illinois:
At the general election to be held on the 3rd day of November, 1998,
you will be called upon to adopt or reject the following proposed amendment
to the constitution of Illinois. The proposal beginning on this page refers
to changes in the judiciary. As required by law, I provide you with the
following information.
George H. Ryan
Secretary of State
PROPOSED AMENDMENT TO SECTION 15 OF ARTICLE VI
(The Judiciary)
-------------------------------
ARTICLE VI
THE JUDICIARY
(Present Form)
SECTION 15. RETIREMENT - DISCIPLINE
(a) The General Assembly may provide by law for the retirement of
Judges and Associate Judges at a prescribed age. Any retired Judge
or Associate Judge, with his consent, may be assigned by the Supreme
Court to judicial service for which he shall receive the applicable
compensation in lieu of retirement benefits. A retired Associate Judge
may be assigned only as an Associate Judge.
(b) A Judicial Inquiry Board is created. The Supreme Court shall
select two Circuit Judges as members and the Governor shall appoint
four persons who are not lawyers and three lawyers as members of the
Board. No more than two of the lawyers and two of the non-lawyers
appointed by the Governor shall be members of the same political party.
The terms of Board members shall be four years. A vacancy on the Board
shall be filled for a full term in the manner the original appointment
was made. No member may serve on the Board for more than eight years.
(c) The Board shall be convened permanently, with authority to conduct
investigations, receive or initiate complaints concerning a Judge or
Associate Judge, and file complaints with the Courts Commission. The
Board shall not file a complaint unless five members believe that a
reasonable basis exists (1) to charge the Judge or Associate Judge with
willful misconduct in office, persistent failure to perform his duties,
or other conduct that is prejudicial to the administration of justice or
that brings the judicial office into disrepute, or (2) to charge that the
Judge or Associate Judge is physically or mentally unable to perform his
duties. All proceedings of the Board shall be confidential except the
filing of a complaint with the Courts Commission. The Board shall
prosecute the complaint.
(d) The Board shall adopt rules governing its procedures. It shall
have subpoena power and authority to appoint and direct its staff.
Members of the Board who are not Judges shall recieve per diem
compensation and necessary expenses; members who are Judges shall recieve
necessary expenses only. The General Assembly by law shall appropriate
funds for the operation of the Board.
(e) A Courts Commission is created consisting of one Supreme Courst
Judge selected by that Court, who shall be its chairman, two Appellate
Court Judges selected by that Court, and two Circuit Judges selected by
the Supreme Court. The Commission shall be convened permanently to hear
complaints filed by the Judicial Inquiry Board. The Commission shall
have authority after notice and public earing, (1) to remove from office,
suspend without pay, censure or reprimand a Judge or Associate Judge for
willful misconduct in office, persistent failure to perform his duties,
or other conduct that is prejudicial to the administration of justice or
that brings the judicial office into disrepute, or (2) to suspend, with
or without pay, or retire a Judge or Associate Judge who is physically or
mentally unable to perform his duties.
(f) The concurrence of three members of the Commission shall be
necessary for a decision. The decision of the Commission shall be final.
(g) The Commission shall adopt rules governing its procedures and shall
have power to issue subpoenas. The General Assembly shall provide by law
for the expenses of the Commission.
ARTICLE VI
THE JUDICIARY
(Proposed Amendment)
(proposed changes in the existing constitutional provision are indi-
cated by asterisk-highlighting all new matter and by bracketing all matter
which is to be deleted.)
SECTION 15. RETIREMENT - DISCIPLINE
(a) The General Assembly may provide by law for the retirement of Judges
and Associate Judges at a prescribed age. Any retired Judge or Associate
Judge, with his *or her* consent, may be assigned by the Supreme Court to
judicial service for which he *or she* shall receive the applicable
compensation in lieu of retirement benefits. A retired Associate Judge
may be assigned only as an Associate Judge.
(b) A Judicial Inquiry Board is created. The Supreme Court shall select
two Circuit Judges as members and the Governor shall appoint four persons
who are not lawyers and three lawyers as members of the Board. No more
than two of the lawyers and two of the non-lawyers appointed by the
Governor shall be members of the same political party. The terms of Board
members shall be four years. A vacancy on the Board shall be filled for a
full term in the manner the original appointment was made. No member may
serve on the Board more than eight years.
(c) The Board shall be convened permanently, with authority to conduct
investigations, receive or initiate complaints concerning a Judge or
Associate Judge, and file complaints with the Courts Commission. The
Board shall not file a complaint unless five members believe that a
reasonable basis exists (1) to charge the Judge or Associate Judge with
willful misconduct in office, persistent failure to perform his duties,
or other conduct that is prejudicial to the administration of justice or
that brings the judicial office into disrepute, or (2) to charge that the
Judge or Associate Judge is physically or mentally unable to perform his
duties. All proceedings of the Board shall be confidential except the
filing of a complaint with the Courts Commission. The Board shall
prosecute the complaint.
(d) The Board shall adopt rules governing its procedures. It shall
have subpoena power and authority to appoint and direct its staff.
Members of the Board who are not Judges shall recieve per diem
compensation and necessary expenses; members who are Judges shall recieve
necessary expenses only. The General Assembly by law shall appropriate
funds for the operation of the Board.
(e) *An independent* {A} Courts Commission is created consisting of one
Supreme Court Judge selected by that Court *as a member and one as an
alternate,* {who shall be its chairman} two Appellate Court Judges
selected by that court *as members and three as alternates,* {and} two
Circuit Judges selected by the Supreme Court *as members and three as
alternates, and two citizens selected by the Governor as members and
two as alternates. Members and alternates who are Appellate Court
Judges must each be from a different Judicial District. Members and
alternates who are Circuit Judges must each be from a different Judicial
District.*
*Members and alternates of the Commission shall not be members of the
Judicial Inquiry Board. The members of the Commission shall select a
chairperson to serve a two-year term.*
The commission shall be convened permanently to hear complaints filed
by the Judicial Inquiry Board. The Commission shall have authority after
notice and public hearing, (1) to remove from office, suspend without pay,
censure or reprimand a Judge or Associate Judge for willful misconduct in
office, persistent failure to perform his *or her* duties, or other
conduct that is prejudicial to the administration of justice or that
brings the judicial office into disrepute, or (2) to suspend, with or
without pay, or retire a Judge or Associate Judge who is physically or
mentally unable to perform his *or her* duties.
(f) The concurrence of *four* {three} members of the commission shall be
necessary for a decision. The decision of the Commission shall be final.
(g) The Commission shall adopt *comprehensive* rules *to ensure that*
{governing} its procedures *are fair and appropriate. These rules and
any amendments sall be public and filed with the Secretary of State at
least 30 days before becoming effective.*
*(h) A member of the Commission shall disqualify himself or herself, or
the other members of the Commission shall disqualify a member, with
respect to any proceeding in which disqualification or refusal would be
required of a Judge under rules of the Supreme Court, under rules of the
Commission, or by law.*
*If a Supreme Court Judge is the subject of a proceeding, then there
shall be no Supreme Court Judge sitting as a member of the Commission
with respect to that proceeding. Instead, an alternate Appellate Court
Judge shall replace the subject Appellate Court Judge. If an Appellate
Court Judge who is not a member is the subject of a proceeding, and an
Appellate Court Judge from the same Judicial District is a member, then
an alternate Appellate Court Judge shall replace that member.*
*If a member who is a Circuit Judge is the subject of a proceeding, then
an alternate Circuite Judge shall replace the subject Circuit Judge. If
a Circuit Judge who is not a member is the subject of a proceeding and a
Circuit Judge from the same Judicial District is a member, then an
alternate Circuit Judge shall replace that member.*
*If a member of the Commission is disqualified under this Section with
respect to any proceeding, that member shall be replaced by an alternate
on a rotating basis in a manner provided by rule of the Commission. The
alternate shall act as member of the Commission with respect to that
proceeding only.*
*(i) The Commission* {and} shall have power to issue subpeonas.
*(j) Members and alternates of the Commission who are not Judges shall
recieve per diem compensation and necessary expense; members and
alternates who are Judges shall receive necessary expenses only.*
The General Assembly shall provide by law for the expenses *and
compensations* of the Commission.