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2010 Illinois Code
CHAPTER 705 COURTS
705 ILCS 35/ Circuit Courts Act.
(705 ILCS 35/0.01) (from Ch. 37, par. 72.01) Sec. 0.01. Short title. This Act may be cited as the Circuit Courts Act. (Source: P.A. 86‑1324.) |
(705 ILCS 35/1) (from Ch. 37, par. 72.1) Sec. 1. Judicial circuits created. The county of Cook shall be one judicial circuit and the State of Illinois, exclusive of the county of Cook, shall be and is divided into judicial circuits as follows: First Circuit‑‑The counties of Alexander, Pulaski, Massac, Pope, Johnson, Union, Jackson, Williamson and Saline. Second Circuit‑‑The counties of Hardin, Gallatin, White, Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, Lawrence and Crawford. Third Circuit‑‑The counties of Madison and Bond. Fourth Circuit‑‑The counties of Clinton, Marion, Clay, Fayette, Effingham, Jasper, Montgomery, Shelby and Christian. Fifth Circuit‑‑The counties of Vermilion, Edgar, Clark, Cumberland and Coles. Sixth Circuit‑‑The counties of Champaign, Douglas, Moultrie, Macon, DeWitt and Piatt. Seventh Circuit‑‑The counties of Sangamon, Macoupin, Morgan, Scott, Greene and Jersey. Eighth Circuit‑‑The counties of Adams, Schuyler, Mason, Cass, Brown, Pike, Calhoun and Menard. Ninth Circuit‑‑The counties of Knox, Warren, Henderson, Hancock, McDonough and Fulton. Tenth Circuit‑‑The counties of Peoria, Marshall, Putnam, Stark and Tazewell. Eleventh Circuit‑‑The counties of McLean, Livingston, Logan, Ford and Woodford. Twelfth Circuit‑‑The county of Will. Thirteenth Circuit‑‑The counties of Bureau, LaSalle and Grundy. Fourteenth Circuit‑‑The counties of Rock Island, Mercer, Whiteside and Henry. Fifteenth Circuit‑‑The counties of JoDaviess, Stephenson, Carroll, Ogle and Lee. Sixteenth Circuit‑‑The counties of Kane, DeKalb and Kendall. Seventeenth Circuit‑‑The counties of Winnebago and Boone. Eighteenth Circuit‑‑The county of DuPage. Nineteenth Circuit‑‑Before December 4, 2006, the counties of Lake and McHenry. On and after December 4, 2006, the County of Lake. Twentieth Circuit‑‑The counties of Randolph, Monroe, St. Clair, Washington and Perry. Twenty‑first Circuit‑‑The counties of Iroquois and Kankakee. Twenty‑second Circuit‑‑On and after December 4, 2006, the County of McHenry. (Source: P.A. 93‑541, eff. 8‑18‑03.) |
(705 ILCS 35/2a) (from Ch. 37, par. 72.2a) Sec. 2a. In any circuit other than Cook County in which is situated any State institution providing educational or welfare facilities for more than 25,000 persons, 4 circuit judges shall be elected unless that circuit is entitled to a greater number under Section 2. (Source: P. A. 76‑2067.) |
(705 ILCS 35/2c) (from Ch. 37, par. 72.2c) Sec. 2c. In addition to the number of circuit judges authorized under Section 2 of this Act, there shall be one additional circuit judge elected in the third circuit and one additional circuit judge elected from the twentieth circuit. (Source: P.A. 87‑410 .) |
(705 ILCS 35/2d) (from Ch. 37, par. 72.2d) Sec. 2d. (1) In addition to the number of circuit judges authorized under Section 2 of this Act, there shall be two additional circuit judges from the sixteenth circuit who shall take office in December, 1990, one of whom shall be a resident of and elected from Kendall County and one of whom shall be a resident of and elected from DeKalb County. The additional judges provided by this subsection (1) shall be first elected at the general election in November of 1990. (2) In addition to the number of circuit judges authorized under Section 2 of this Act, there shall be one additional circuit judge from the seventh circuit who shall take office in December, 1990. The additional judge provided by this subsection (2) shall be first elected at the general election in November of 1990. (3) In addition to the number of circuit judges authorized under Section 2 of this Act, there shall be one additional circuit judge elected at large in the seventeenth circuit. (Source: P.A. 85‑866; 85‑903.) |
(705 ILCS 35/2g) (from Ch. 37, par. 72.2g) Sec. 2g. Additional circuit judges; 16th, 18th, and 19th circuits. (a) In addition to the number of circuit judges otherwise authorized by this Act, there shall be 3 additional circuit judges elected in the nineteenth circuit, 2 of whom shall be residents of and elected from Lake County and one of whom shall be a resident of and elected from McHenry County. (b) In addition to the number of circuit judges otherwise authorized by this Act, there shall be 3 additional circuit judges elected at large in the eighteenth circuit. (c) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge in the sixteenth circuit who shall be a resident of and elected from Kane County. (d) The additional circuit judgeships provided by this Section shall be filled by appointment until those judgeships are filled by election at the general election in November of 1992. (Source: P.A. 87‑145.) |
(705 ILCS 35/2h) Sec. 2h. Additional circuit judge. (a) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected at large in the eleventh judicial circuit. (b) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected at large in the fifth judicial circuit. (c) In addition to the number of circuit judges otherwise authorized by this Act, there shall be 2 additional circuit judges elected at large in the sixteenth judicial circuit. (d) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected at large in the eighteenth judicial circuit. (e) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected at large in the twenty‑first judicial circuit. (f) In addition to the number of circuit judges otherwise authorized by this Act, there shall be 2 additional circuit judges elected at large in the nineteenth judicial circuit. (g) The additional circuit judgeships provided by this Section shall be filled by appointment until the judgeships are filled by election at the general election in November of 1996. (Source: P.A. 89‑401, eff. 8‑20‑95.) |
(705 ILCS 35/2i) Sec. 2i. Additional circuit judges; sixth circuit. In addition to the number of circuit judges otherwise authorized by this Act, there shall be 2 additional circuit judges in the sixth circuit, one who shall be a resident of and elected from Champaign County and one who shall be elected at large. The additional circuit judgeships provided by this Section shall be filled by appointment until those judgeships are filled by election at the general election in November of 1996. (Source: P.A. 89‑401, eff. 8‑20‑95.) |
(705 ILCS 35/2j) Sec. 2j. Additional judges. (a) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected at large in the seventeenth judicial circuit. (b) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected at large in the eighteenth judicial circuit. (c) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected in the nineteenth judicial circuit who is a resident of and elected from Lake County. (d) In addition to the number of circuit judges otherwise authorized by this Act, there shall be one additional circuit judge elected in the fifth judicial circuit who is a resident of and elected from Vermilion County. (e) In addition to the number of circuit judges and resident judges otherwise authorized by law, and notwithstanding any other provision of law, there shall be one additional resident judge elected from the unit within Chicago of the Circuit of Cook County to serve in the juvenile division. (f) In addition to the number of circuit judges and resident judges otherwise authorized by law, and notwithstanding any other provision of law, there shall be one additional resident judge who is a resident of and elected from the third judicial subcircuit in Cook County. (g) The additional circuit judgeships, subcircuit judgeships, and resident judgeship provided by this Section shall be filled by appointment until those judgeships are filled by election at the general election in November of 1998. (Source: P.A. 90‑526, eff. 11‑12‑97.) |
(705 ILCS 35/3) (from Ch. 37, par. 72.3) Sec. 3. The said courts, respectively, shall have a seal, and may renew or alter the same from time to time, as may be necessary. The expense of such seal, and renewing and altering the same, shall be paid by the county. (Source: Laws 1933, p. 435.) |
(705 ILCS 35/4) (from Ch. 37, par. 72.4) Sec. 4. There shall be no stated terms in the circuit courts, which shall always be open for the transaction of all business, subject to adjournment from time to time. The circuit judges in each circuit shall prescribe by rule the times of calling grand and petit juries in each of the counties of the circuit and the periods for which the jurors shall serve. (Source: Laws 1963, p. 2642.) |
(705 ILCS 35/4.1) (from Ch. 37, par. 72.4‑1) Sec. 4.1. The chief judge of each circuit may appoint an Administrative assistant to assist him in carrying out his administrative duties in the circuit. The salary of each administrative assistant shall be determined by the Supreme Court and paid at least monthly from the State Treasury on the warrant of the Comptroller, out of appropriations made for that purpose by the General Assembly. The salary of each individual administrative assistant shall be computed from a schedule established by the Supreme Court. (Source: P.A. 86‑1378.) |
(705 ILCS 35/4.2) (from Ch. 37, par. 72.4‑2) Sec. 4.2. Administrative Secretaries, as provided for in Section 4.1 of this Act, shall receive travel expenses for traveling, within or without their county of residence, in the performance of their administrative duties at the direction of their Chief Judge. All expense vouchers shall be submitted to the Supreme Court for approval. Approved expenses shall be paid from the State treasury. (Source: P.A. 84‑1395.) |
(705 ILCS 35/4.3) Sec. 4.3. Witness fees. (a) Every witness attending in any county upon trials in the courts shall be entitled to receive the sum of $20 for each day's attendance and $0.20 per mile each way for necessary travel. For attending in a foreign county, each day's travel shall constitute a day of attendance. Every person attending for the purpose of having his deposition taken shall receive the same per diem and mileage as provided in this Section for witnesses in circuit courts. No allowance or charge shall be made, however, for the attendance of a witness unless the witness makes an affidavit stating the number of days he or she actually attended, and that attendance was at the instance of one or both of the parties or his or her attorney. (b) In a criminal case in which a witness is required to attend from a foreign county or state, either before the grand jury or at the trial of the cause in the court, the witness shall receive the same per diem and mileage as provided in this Section for witnesses in circuit courts to be paid out of the county treasury of the county where the crime was committed on the certificate of the clerk of the court where the trial is being had if the witness makes an affidavit stating (i) the distance traveled, (ii) that it was the usually traveled and most direct route, (iii) the number of days' actual travel and attendance, and (iv) that attendance was at the instance of the State's Attorney or the accused, or his or her attorney. To the affidavit shall be added the certificate of the judge that the amount is reasonable and that the witness was a material witness in the court or before the grand jury. (Source: P.A. 89‑233, eff. 1‑1‑96.) |
(705 ILCS 35/25) (from Ch. 37, par. 72.25) Sec. 25. The several circuit courts in this state may enter such judgments, orders and injunctions, and shall issue all such processes as may be necessary or proper to carry into effect the powers granted to them. (Source: P.A. 83‑346.) |
(705 ILCS 35/26) (from Ch. 37, par. 72.26) Sec. 26. The respective courts and the several judges thereof shall have the power to award throughout the state, and returnable in the proper county, relief by injunction, ne exeat, habeas corpus, quo warranto, and all other processes that may be necessary to the due execution of the powers with which they are or may be vested. (Source: P.A. 83‑346.) |
(705 ILCS 35/27) (from Ch. 37, par. 72.27) Sec. 27. All process shall be executed and returned by the officer or person to whom directed. (Source: Laws 1965, p. 2515.) |
(705 ILCS 35/28) (from Ch. 37, par. 72.28) Sec. 28. The said courts may, from time to time, make all such rules for the orderly disposition of business before them as may be deemed expedient, consistent with law. (Source: Laws 1933, p. 435.) |
(705 ILCS 35/33) (from Ch. 37, par. 72.33) Sec. 33. If there is no court house in any county, or if from any cause the court house is unfit for the holding of court therein, the proper authorities of the county may temporarily provide another place at the county seat for the holding of court, or the court, by order entered upon its records, may adjourn to a suitable place at such county seat, and the place so provided, or to which such adjournment is made, shall, during the time the court is so held thereat, be held to be the court house of such county for all judicial purposes connected with such court. (Source: Laws 1933, p. 435.) |
(705 ILCS 35/34) (from Ch. 37, par. 72.34) Sec. 34. If, by reason of war, rebellion, mob, pestilence or other public calamity, it is unsafe or inexpedient to hold a court at the time and place appointed by law, the judge or judges of the court may appoint another time and place for the holding of the court. The place appointed shall be at the nearest convenient place to that at which the court is appointed by law to be held. If the court appoints another time and place, the clerk of the court shall give at least 20 days' notice thereof, by publication in some newspaper published in the county, or if none is published in the county, then in a newspaper published nearest to the place of holding court and by posting a notice in his office and in 4 other of the most public places in the county. The clerk shall also notify the sheriff of the county and the state's attorney of such appointment, 20 days before court is held at the place appointed by the court. (Source: P.A. 86‑1475.) |
(705 ILCS 35/35) (from Ch. 37, par. 72.35) Sec. 35. In such case the court may require the services of any sheriff or other proper officer of the county into which the court is removed, or of the county from which it may remove to execute process and attend upon the court. It may also cause the grand and petit jurors to be summoned from either or both of such counties. And it shall have all the power and authority in either county which it might have exercised in the county where such court is appointed by law to be held, and may try and determine all causes, civil and criminal, which it might have tried and determined in such county, with like effect. (Source: Laws 1933, p. 435.) |
(705 ILCS 35/36) (from Ch. 37, par. 72.36) Sec. 36. If the clerk fails to give the notices specified in section 34 he commits a petty offense and may be fined not to exceed $500. But the failure to give such notice shall not prevent the holding of such court at the appointed time and place or invalidate any of the proceedings thereat. (Source: P. A. 77‑2401.) |
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