Illinois Compiled Statutes
Chapter 705 - COURTS
705 ILCS 40/ - Judicial Vacancies Act.

(705 ILCS 40/0.1) (from Ch. 37, par. 72.41-2)
Sec. 0.1.
Short title.
This Act may be cited as the Judicial Vacancies Act.

(Source: P.A. 88-45.)
 
(705 ILCS 40/1.1) (from Ch. 37, par. 72.41-1)
Sec. 1.1.

As used in this Act, the term "resident circuit judge" or "resident
judge" refers to a circuit judge who, immediately prior to July 1, 1971,
was an associate judge and who became a circuit judge on July 1, 1971 by
reason of paragraph (a) of Section 4 of the Transition Schedule of the
Constitution of 1970 or a circuit judge who was appointed after June 30,
1971 by the Supreme Court to fill the vacancy existing prior to July 1,
1971 in the office of a former associate judge and whose office was, prior
to July 1, 1971, filled by election from a single county or, in the case of
Cook County, from one of the 2 units of the county, and not from the
circuit at large.

(Source: P.A. 88-45.)
 
(705 ILCS 40/2) (from Ch. 37, par. 72.42)
Sec. 2. (a) Except as provided in paragraphs (1),
(2), (3), (4), and (5) of this subsection (a),
vacancies in the office of a resident circuit judge in any county or in any
unit or subcircuit of any circuit shall not be filled.
(b) Nothing in paragraphs (2) or (3) of subsection (a) of this
Section shall be construed
to require or permit in any county a greater number of resident judges
than there were resident associate judges on January 1, 1967.
(c) Vacancies authorized to be filled by this Section 2 shall be filled
in the manner provided in Article VI of the Constitution.
(d) A person appointed to fill a vacancy in the office of circuit judge
shall be, at the time of appointment, a resident of the subcircuit from which
the person whose vacancy is
being filled was elected if the vacancy occurred in a circuit divided into
subcircuits. If a vacancy
in the office of circuit judge occurred in a circuit not divided into
subcircuits, a person appointed to fill the vacancy shall be, at the time of
appointment, a resident of the
circuit from which the person whose vacancy is being filled was elected.
Except as provided in Sections 2f-1, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9
of the
Circuit Courts
Act, if a
vacancy occurred in the office of a resident circuit judge, a person appointed
to
fill the vacancy shall be, at the time of appointment, a resident of the county
from which the person whose
vacancy is being filled was elected.

(Source: P.A. 102-380, eff. 8-13-21.)
 
(705 ILCS 40/2.1) (from Ch. 37, par. 72.42-1)
Sec. 2.1.


When a vacancy in the office of a resident circuit judge is filled by
election, the election shall be for the appropriate county or unit, and not
for the entire circuit.

(Source: P.A. 77-1814.)
 
(705 ILCS 40/3) (from Ch. 37, par. 72.43)
Sec. 3.

If any provision of this Act or the application thereof to any
person or circumstances is held invalid, the invalidity shall not affect
other provisions or applications of this Act which can be given effect
without the invalid provision or application, and to this end the
provisions of this Act are severable.

(Source: Laws 1967, p. 3443.)

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