Judicial selection in Illinois
| Judicial selection in Illinois | |
 | |
| Illinois Supreme Court | |
| Method: | Partisan election |
| Term: | 10 years |
| Illinois Appellate Court | |
| Method: | Partisan election |
| Term: | 10 years |
| Illinois Circuit Court | |
| Method: | Partisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Illinois, including:
As of March 2023, the selection of state court judges in Illinois occurred through partisan elections followed by nonpartisan retention elections.[1]
Click here to notify us of changes to judicial selection methods in this state.
Illinois Supreme Court
- See also: Illinois Supreme Court
The seven justices of the Illinois Supreme Court are chosen by popular vote in partisan elections and serve 10-year terms, after which they must compete in uncontested, nonpartisan retention elections to remain on the court.[2]
Supreme court justices in Illinois are elected to represent specific districts. The seven justices are divided among five districts (three allocated to Cook County and the others divided evenly among the other four districts) and are voted into office by the residents of their respective regions.[2]
Qualifications
To serve on the supreme court, a judge must be:
Chief justice
The chief justice of the supreme court is chosen by peer vote to serve a three-year term.[2]
Vacancies
In the event of a midterm vacancy, the Illinois Supreme Court is responsible for appointing an interim justice. If a justice is appointed more than 60 days before the next primary election, the justice must run in a partisan election in the next general or judicial election to remain on the court. The appointed justice's term will end on the first Monday in December after their election. If a justice is appointed less than 60 days before the next primary election, the justice will have to run in a partisan election to remain on the court in the second general election. The appointed justice's term will end on the first Monday in December after their election[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
Illinois Appellate Court
- See also: Illinois Appellate Court
Judges on the appellate court are chosen by popular vote in partisan elections and serve 10-year terms, after which they must compete in uncontested, nonpartisan retention elections to remain on the court.[2]
Qualifications
To serve on the appellate court, a judge must be:
Presiding judge
The judges of each division select a presiding judge by peer vote to serve a one-year term.[2]
Vacancies
In the event of a midterm vacancy, the Illinois Supreme Court is responsible for appointing an interim judge. If a judge is appointed more than 60 days before the next primary election, the judge must run in a partisan election in the next general or judicial election to remain on the court. The appointed judge's term will end on the first Monday in December after their election. If a judge is appointed less than 60 days before the next primary election, the judge will have to run in a partisan election to remain on the court in the second general election. The appointed judge's term will end on the first Monday in December after their election.[2]
Illinois Circuit Court
- See also: Illinois Circuit Court
The judges on the Illinois Circuit Court are elected in partisan elections to six-year terms. Upon the completion of these terms, judges that wish to remain on the court must compete in uncontested, nonpartisan retention elections.[2]
Qualifications
To serve on this court, a judge must be:
Chief judge
The chief judge of each circuit court, like that of the supreme and appellate courts, is selected by peer vote; he or she serves in that capacity indefinitely.[2]
Vacancies
In the event of a midterm vacancy, the Illinois Supreme Court is responsible for appointing an interim judge. If a judge is appointed more than 60 days before the next primary election, the judge must run in a partisan election in the next general or judicial election to remain on the court. The appointed judge's term will end on the first Monday in December after their election. If a judge is appointed less than 60 days before the next primary election, the judge will have to run in a partisan election to remain on the court in the second general election. The appointed judge's term will end on the first Monday in December after their election.[2]
History
Below is a timeline noting changes to judicial selection methods in Illinois, from the most recent to the earliest.
- 2009: New limits were imposed on judicial campaign contributions. Contributions were capped at $125,000 for candidates in the first judicial district and at $75,000 for candidates in all other districts.
- 1992: The Illinois Legislature established the subcircuit system in Cook County to promote greater diversity on the bench.
- 1964: A new constitutional amendment, ratified by voters in 1962, took effect. The article established a unified court system:
- Established that all judges were to be chosen by the people in partisan elections.
- Established that, once elected, judges had to run in retention elections for subsequent terms.
- Established that judges of the supreme court and appellate courts were elected to 10-year terms; judges of the circuit court were elected to six-year terms.
- 1877: The appellate courts were first established.
- 1870: A new constitution provided for the creation of an appellate court, to be composed of circuit court judges appointed by the supreme court.
- 1848: Established that supreme court justices were to be elected by the people to nine-year terms. Circuit court judges were elected to six-year terms.
- 1818: Established that judges were to be elected for life by the state General Assembly.[3]
Courts in Illinois
In Illinois, there are three federal district courts, a state supreme court, an appellate court, and trial courts. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Illinois' state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[4]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[5] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ American Judicature Society, "Methods of Judicial Selection: Illinois," accessed September 8, 2021
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 National Center for State Courts, "Methods of Judicial Selection," accessed September 8, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Illinois," accessed September 10, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Seventh Circuit Court of Appeals • U.S. District Court: Central District of Illinois, Northern District of Illinois, Southern District of Illinois • U.S. Bankruptcy Court: Central District of Illinois, Northern District of Illinois, Southern District of Illinois
State courts:
Illinois Supreme Court • Illinois Appellate Court • Illinois Circuit Court
State resources:
Courts in Illinois • Illinois judicial elections • Judicial selection in Illinois
