Illinois Constitution- The Judiciary Branch

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Illinois Constitution

The Judiciary Branch

Article VI: The Judicial Department

Article 6 sets up the courts system for Illinois. There are 3 types of courts in Illinois--the Supreme Court, appellate courts, and circuit or trial courts--much like the federal court system.

The Illinois Supreme Court is made up of 7 judges, called justices. Supreme Court justices are elected by the people and serve a term of 10 years. The Illinois Supreme Court hears appeals from the appellate courts and appeals from circuit courts when a death sentence has been imposed. The Supreme Court has original jurisdiction in a few special types of trials.

Appellate courts hear appeals from circuit courts. A total of 52 appellate court judges are elected. Appellate court judges also serve terms of 10 years.

Circuit courts hear most trials. Illinois is divided into 22 judicial circuits. Each circuit has a chief circuit judge, other circuit judges, and associate judges. Currently there are 865 circuit and associate judges in Illinois. Circuit judges are elected and serve terms of 6 years. Associate judges are appointed by the circuit judges and serve terms of 4 years.

An Illinois judge must be a U.S. citizen, an attorney licensed to practice in Illinois, and a resident of the district or circuit.

The main functions of the Judicial Branch are they administer justice, interprets the meaning of law and the Constitution of Illinois, and settles disputes. It is composed of a system of state courts. The state courts are the Illinois Supreme Court, Illinois Appellate Courts, and the Illinois Circuit Courts.

Circuit Courts

Circuit courts are the general trial courts. In these courts cases are heard and judgements are made. They have original jurisdiction.

The voters elect circuit court judges to 6-year terms.

Appellate Court

This court hears appeals from the Circuit courts and therefore has appellate jurisdiction. Its judges are elected and serve for 10-year terms.

Supreme Court

The Supreme Court of Illinois has original jurisdiction in the following cases: Revenue, mandamus, and habeas corpus. Otherwise it is simply the final court of appeal on all other state matters that have come up from the lower courts. Its judges serve for 10-year terms. There are seven Supreme Court judges. These are elected also.

Re-election

Once judges have been elected, they may run for re-election on their records, without opposition. In these cases voters simply vote yes or no on their retention. If 3/5 approval is not obtained, the judge must be replaced.

Qualifications

All judges must be citizens, licensed attorneys of the state, and residents of the districts from which they are elected. Judges must devote full time to their judicial duties and may not engage in law practice or hold other office, including officers in political parties.