705 ILCS 45/2 — Illinois Code / Chapter 705 / Act 45 / Section 2
Section 2
Status: in_force

(705 ILCS 45/2) (from Ch. 37, par. 160.2) Sec. 2. (a) The maximum number of associate judges authorized for each circuit is the greater of the applicable minimum number specified in this Section or one for each 35,000 or fraction thereof in population as determined by the last preceding Federal census, except for circuits with a population of more than 3,000,000 where the maximum number of associate judges is one for each 29,000 or fraction thereof in population as determined by the last preceding federal census, reduced in circuits of less than 200,000 inhabitants by the number of resident circuit judges elected in the circuit in excess of one per county, except that the maximum number of associate judges authorized for the 24th circuit shall be 3. In addition, in circuits of 1,000,000 or more inhabitants, there shall be one additional associate judge authorized for each municipal district of the circuit court. The number of associate judges to be appointed in each circuit, not to exceed the maximum authorized, shall be determined from time to time by the Circuit Court. The minimum number of associate judges authorized for any circuit consisting of a single county shall be 14, except that the minimum in the 22nd circuit shall be 8, the minimum in the 19th circuit on and after December 4, 2006 shall be 20, and the maximum number of associate judges in the 20th circuit on and after December 5, 2022 shall be 12. The minimum number of associate judges authorized for any circuit consisting of 2 counties with a combined population of at least 275,000 but less than 300,000 shall be 10. The minimum number of associate judges authorized for any circuit with a population of at least 303,000 but not more than 309,000 shall be 10. The minimum number of associate judges authorized for any circuit with a population of at least 329,000, but not more than 349,999 shall be 11. The minimum number of associate judges authorized for any circuit with a population of at least 173,000 shall be 5. The number of associate judges authorized for a circuit shall not be reduced as a result of the 2020 federal decennial census. As used in this Section, the term "resident circuit judge" has the meaning given it in the Judicial Vacancies Act. (b) The maximum number of associate judges authorized under subsection (a) for a circuit with a population of more than 3,000,000 shall be reduced as provided in this subsection (b). For each vacancy that exists on or occurs on or after the effective date of this amendatory Act of 1990, that maximum number shall be reduced by one until the total number of associate judges authorized under subsection (a) is reduced by 60. A vacancy exists or occurs when an associate judge dies, resigns, retires, is removed, or is not reappointed upon expiration of his or her term; a vacancy does not exist or occur at the expiration of a term if the associate judge is reappointed. (b-5) The maximum number of associate judges authorized under subsection (a) for a circuit with a population of more than 3,000,000 shall be reduced as provided in this subsection (b-5). Vacancies in associate judgeships authorized under subsection (a) occurring on or after June 1, 2023 shall be converted to resident circuit judgeships and shall be allotted in numerical order to subcircuits 16, 17, 18, 19, and 20 pursuant to subsection (d-5) of Section 2f of the Circuit Courts Act, with each subcircuit allotted no more than a total of 11 resident circuit judgeships. Each election cycle, beginning with the 2024 election cycle, a maximum of 10 associate judgeship vacancies shall be converted to resident circuit judgeships pursuant to subsection (d-5) of Section 2f of the Circuit Courts Act until the total number of associate judges authorized under subsection (a) is reduced by 55. The maximum number of associate judgeships which may be converted to resident circuit judgeships and allotted in an election cycle shall be 10 judgeships with each subcircuit being allotted no more than 2 resident circuit judgeships per election cycle. Any additional associate judgeship vacancies in excess of the maximum number per election cycle shall not be converted to resident circuit judgeships and shall be filled according to Supreme Court Rule 39 until such time that a vacancy in the associate judgeship occurs. A vacancy occurs when an associate judge dies, resigns, retires, is removed, or is not reappointed upon expiration of his or her term; a vacancy does not occur at the expiration of a term if the associate judge is reappointed. As used in this subsection, "election cycle" means the period that begins on the day following the last day to certify judicial vacancies for election at the next general election and ends on the last day to certify judicial vacancies for election at the next general election, as provided in Section 25-3 of the Election Code. (c) The maximum number of associate judges authorized under subsection (a) for the 17th judicial circuit shall be reduced as provided in this subsection (c). Due to the vacancy that exists on or after the effective date of this amendatory Act of the 93rd General Assembly in the associate judgeship that is converted into a resident judgeship under subsection (a-10) of Section 2f-6 of the Circuit Courts Act, the maximum number of judges authorized under subsection (a) of this Section shall be reduced by one. A vacancy exists or occurs when an associate judge dies, resigns, retires, is removed, or is not reappointed upon expiration of his or her term; a vacancy does not exist or occur at the expiration of a term if the associate judge is reappointed. (d) The maximum number of associate judges authorized under subsection (a) for the 23rd judicial circuit shall be reduced as provided in this subsection (d). Due to the vacancy that exists on or after the effective date of this amendatory Act of the 98th General Assembly in the associate judgeship that is converted into a resident judgeship under subsection (k) of Section 2f-10 of the Circuit Courts Act, the maximum number of judges authorized under subsection (a) of this Section shall be reduced by one. (Source: P.A. 102-693, eff. 1-7-22; 102-1126, eff. 2-10-23; 103-597, eff. 7-1-24.)