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Supreme Court
The
Supreme Court of Illinois consists of seven
justices; three are elected from the First
Judicial District, which is comprised of
Cook County, and one justice is elected from
each of the other four judicial districts,
which geographically are the same as the
four appellate districts located outside
Cook County. The four judicial districts
outside Cook County by law are to be
comprised of substantially equal population
and the constitution provides that each
shall be compact and composed of contiguous
counties. Cases decided by the Supreme Court
require a four-justice majority for a
decision. The members of the Supreme Court
elect a Chief Justice who serves a term of
three years and he or she presides over
their proceedings and assigns opinions to be
written by a member of the majority on each
case.
The
Supreme Court may exercise original
jurisdiction in cases relating to revenue,
mandamus, prohibition or habeus corpus. Any
appeal from the imposition of a death
sentence shall go directly before the
Supreme Court from the Circuit Court and the
Supreme Court by constitution is empowered
to provide for other direct appeals by rule
adopted by the court.
Appeals
from the Appellate Court to the Supreme
Court are a matter of right if a question
under the constitution of the United States
or of the state arises for the first time in
and as a result of the action of the
Appellate Court or if the Appellate Court
panel deciding a case certifies that a case
decided by it involves a question of such
importance that the case should be decided
by the Supreme Court. In all other instances
the Supreme Court may provide by rule for
appeals from the Appellate Court and may
decide on an individual case basis to accept
an appeal.
The
Supreme Court of Illinois, in addition to
being the state’s highest court, is
responsible for the state’s unified trial
court and Appellate Court. General
administrative and supervisory authority
over the court system is vested in the
Supreme Court. Several advisory bodies
assist with this mission by making
recommendations to the court. These include
the Judicial Conference of Illinois and the
various committees of the court. The Supreme
Court also makes appointments to other
committees, commissions and boards.
The
chief justice is responsible for exercising
the court’s general administrative and
supervisory authority in accordance with the
court’s rules. The Supreme Court appoints an
administrative director to assist the chief
justice in his duties. The staff of the
Administrative Office of the Illinois Courts
support this function.
Key
support personnel exist at each level of the
court to assist judges with the
administration of justice. At the Supreme
Court level, this includes the Clerk of the
Supreme Court, research director, marshal,
and Supreme Court Librarian and their
staffs.
Appellate Court
The
overall number of Appellate Judges varies
within the five appellate districts
depending on population and case load as
reviewed from time to time by the Supreme
Court. Each appeal to the Appellate Court is
heard by a panel of three Appellate Judges
and a majority of two is necessary for a
decision.
Appeals
from final judgments of a Circuit Court are
a matter of right to the Appellate Court in
the judicial district in which the circuit
is located, except in those cases for which
the law provides for a direct appeal to the
Supreme Court. The state may not appeal a
judgment of acquittal in a criminal case.
The Supreme Court also has the power to
provide by rule for appellate procedure and
certain important issues may be considered
on what is called an interlocutory appeal.
Adams
County and the Eighth Judicial Circuit are
part of the Fourth Appellate District, which
is a large geographical area comprised of 31
counties reaching from the Mississippi River
on the west to the Indiana border on the
east. The Appellate Court for the Fourth
Appellate District is located in
Springfield, Illinois.
Appellate
Judges are elected at large in all of the
counties of the judicial district. At the
Appellate Court level, the Presiding Judge
and judges of each appellate district are
assisted by a clerk of the Appellate Court
and research director and their staffs
appointed by the Appellate Judges. Appeals
enter the clerk’s office where deputy clerks
assign them filing schedules and actively
monitor and review cases as they progress
through record preparation, motions,
briefing, and oral arguments. Problems such
as late filings, jurisdictional defects,
inadequate records or noncompliant briefs
are referred to the court. After the court
has heard an appeal, the clerk’s office
issues the court’s decision and tracks all
post-decision activity. The court also
manages the court’s computerized and manual
record keeping systems and oversees the
maintenance of physical facilities. The
clerk responds to requests and questions
concerning the court’s cases and procedures.
The research director oversees a staff of
attorneys and secretaries providing
centralized legal research to judges.
Circuit Court
The
Circuit Court is the trial court of general
jurisdiction in the State of Illinois which
initially hears all cases filed other than
those for which the Supreme Court has
original jurisdiction. (For example,
redistricting of the General Assembly.) The
Circuit Court is comprised of Circuit Court
Judges and Associate Judges. Resident
Circuit Judges are elected in one county.
Judges of the Circuit Court are elected in
all of the counties of the circuit and each
have the same jurisdiction to hear cases.
After first being elected in a general
election on a partisan ballot, Circuit
Judges must be retained every six years by
receiving at least 60 percent yes votes from
those who vote on their retention. All
Circuit Judges run for retention in the
entire circuit.
Associate
Judges are elected by the Circuit Judges and
serve four-year terms and have general
jurisdiction to hear all cases other than
those criminal cases (felonies) which carry
a penalty of incarceration in the department
of corrections for one year or more.
Associate Judges can and many are certified
by the Illinois Supreme Court to hear felony
cases as well.
Each
circuit, of which there are 21 in the State
of Illinois, has a Chief Judge who is
elected by the Circuit Judges of the
circuit. In the Eighth Judicial Circuit the
Chief Judge serves a term of two years but
can be re-elected to that position without
limitation.
The
Eighth Judicial Circuit is comprised of
eight counties including, Adams, Brown,
Calhoun, Cass, Mason, Menard, Pike, and
Schuyler. Each of the 102 counties within
the State of Illinois also have a circuit
clerk whose duties, among others, is to
maintain all court records, court files, and
receipt of funds paid as a result of the
court cases handled by the judges.
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