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Court
Structure in the State of Illinois
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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