!! 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 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.