ILLINOIS - STATE COURT ORGANIZATION PROFILE

• NCJ Number: 55086
• Author(s): E GURNY
• Editor(s): V S CASHMAN, G H MORGAN
• Date Published: 1977
• Length: 86 pages
• Grant Number(s): 76-DF-99-0052; 76-DF-99-0026
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Ctr for State Courts
• Sale Source: National Ctr for State Courts
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: STATE COURT ORGANIZATION SERIES

Annotation

THE STATE COURT SYSTEM OF ILLINOIS IS PRESENTED; EACH ASPECT OF COURT ORGANIZATION IS DETAILED; AND COMPARISONS ARE DRAWN BETWEEN THE ILLINOIS SYSTEM AND THE AMERICAN BAR ASSOCIATION (A.B.A.) COURT ORGANIZATION STANDARDS.

Abstract

UNDER THE JUDICIAL ARTICLE OF 1964, THE JUDICIAL POWER OF ILLINOIS WAS VESTED IN THE SUPREME COURT, AN APPELLATE COURT, AND CIRCUIT COURTS. ON THE TRIAL COURT LEVEL, ALL COURTS OTHER THAN THE CIRCUIT COURTS WERE ABOLISHED AND ALL THEIR JURISDICTIONS, JUDICIAL FUNCTIONS, POWERS AND DUTIES WERE TRANSFERRED TO THE RESPECTIVE CIRCUIT COURTS. PRIOR TO ITS ENACTMENT, MANY COURTS WITH OVERLAPPING JURISDICTION EXISTED WITH NO CENTRALIZED ADMINISTRATIVE AUTHORITY TO SUPERVISE THEM. THE ILLINOIS COURT SYSTEM IS A UNIFIED, THREE-TIERED STRUCTURE; THE SUPREME COURT IS THE COURT OF LAST RESORT, THE APPELLATE COURT IS THE INTERMEDIATE COURT OF REVIEW. ILLINOIS IS DIVIDED INTO FIVE JUDICIAL DISTRICTS; COOK COUNTY IS THE FIRST JUDICIAL DISTRICT, AND THE REST OF THE STATE IS DIVIDED INTO FOUR DISTRICTS OF SUBSTANTIALLY EQUAL POPULATION. THREE SUPREME COURT JUDGES ARE CHOSEN FROM THE FIRST JUDICIAL DISTRICT; ONE JUDGE IS SELECTED FROM THE OTHER FOUR. FOUR JUDGES CONSTITUTE A QUORUM AND THE CONCURRENCE OF FOUR IS NECESSARY FOR A DECISION. THERE IS ONE LEVEL OF TRIAL COURTS, THE CIRCUIT COURT. IT HAS ORIGINAL JURISDICTION OVER ALL JUSTICIABLE MATTERS EXCEPT WHEN THE SUPREME COURT HAS ORIGINAL AND EXCLUSIVE JURISDICTION RELATING TO REDISTRICTING OF THE GENERAL ASSEMBLY AND THE ABILITY OF THE GOVERNOR TO SERVE OR RESUME OFFICE. IT MAY ALSO REVIEW ADMINISTRATIVE ACTION AS PROVIDED BY LAW. THE STATE IS DIVIDED INTO 21 JUDICIAL CIRCUITS. WITH REGARD TO DEGREE OF SIMILARITY BETWEEN THE ILLINOIS COURT SYSTEM AND THE A.B.A. STANDARDS RELATING TO COURT ORGANIZATION, COURT STRUCTURE, SELECTION OF JUDGES, DISCIPLINE, RETIREMENT, AND JUDICIAL COMPENSATION COMPARE MOST FAVORABLY; NONJUDICIAL PERSONNEL AND FINANCING AND BUDGETING COMPARE LESS FAVORABLY WIH A.B.A. STANDARDS. A SOURCE LIST AND FLOW CHARTS ARE PROVIDED. (LWM)