Rules of Practice - 5th Judicial Circuit of Illinois


Rule I.

Judicial Administration

INDEX    Rules of Practice


 

A. Chief Judge
(1) Selection of the Chief Judge
A majority of the circuit judges shall select on a non-partisan basis one of their number to serve as Chief Judge for a term of two years commencing on the last Friday of January each odd-numbered year. The balloting shall be at least two weeks prior to the conclusion of the term but after the first Monday in December. A Circuit Judge elected to the office of Chief Judge may not serve more than two consecutive two-year terms and no Circuit Judge who was elected to fill a vacancy the term of which will not expire for 12 months or more shall be elected to more than one succeeding two-year term.
(2) Acting Chief Judge
The Chief Judge shall designate one of the circuit judges to act as Chief Judge in the event of the Chief Judge's absence or inability to serve. The Acting Chief Judge shall have the same powers and duties as the Chief Judge.
(3) Vacancy in the Office of Chief Judge
Whenever a vacancy occurs in the office of Chief Judge, any two circuit judges shall call a meeting of the circuit judges for the purpose of electing a Chief Judge to fill the unexpired term of office. The election shall be held within 3 weeks of the occurrence of the vacancy and at least 5 days notice shall be given all circuit judges.

B. Presiding Judge
(1) Designation of Presiding Judge
The Chief Judge shall appoint, by written administrative order, one circuit judge within each county of the circuit as the Presiding Judge of that county, who shall sit at the pleasure of the Chief Judge. The Chief Judge may serve as the Presiding Judge of the county in which he or she sits.
(2) Duties of the Presiding Judge
The Presiding Judge shall call and impanel grand and petit juries when necessary, submit budgets, administer the judicial department of the county in which he or she is presiding and perform other such duties as may be required for the proper administration of justice. The Presiding Judge is authorized to promulgate administrative orders not inconsistent with these rules. All administrative orders shall be approved by the Chief Judge prior to becoming effective.

C. Judicial Assignments
(1) Assignments by the Chief Judge
The Chief Judge shall assign circuit judges and associate judges to the various counties within the circuit and may further assign all judges on a case-by-case basis.
(2) Assignments by the Presiding Judge
The Presiding Judge within each county shall assign judicial duties to the circuit and the associate judges regularly assigned to that county by the Chief Judge.
(3) Assignments of Successor Judge
If the judge assigned to any proceeding before the circuit court recuses himself or herself, is subject to a successful motion for substitution, or is otherwise disqualified from proceedings, the judge shall refer the matter to the Presiding Judge. The Presiding Judge of the county shall assign the cause to a successor judge or refer the cause to the Chief Judge.

D. Judicial Meetings
(1) Circuit Judges
The circuit judges shall meet each year to discuss and take such action as may be required in connection with the business of the court. A quorum, consisting of two-thirds of the circuit judges within the circuit, must be present to conduct business and any matters affecting the circuit must pass by a majority of those present.
(2) Associate Judges
The Chief Judge or a designee may meet with the associate judges, separately or with the other judges, to discuss and take such action as may be required in connection with the business of the court.
(3) Special Meetings
Special meetings may be called at any time by the Chief Judge or by two circuit judges upon 5 days notice to all circuit judges.

E. Court Personnel
(1) Court Complement
A Full court complement consists of the judge, clerk and bailiff when court is in session. A full complement should be maintained at all times unless excused by the court for good cause.
(2) Duties of Bailiff
The bailiff shall open and close court, preserve order in the courtroom, attend upon the jury when it is placed in the bailiff's custody, and perform other such duties a s may be directed by the court.
(3) Duties of the Clerk
The courtroom clerk shall have all necessary files and docket sheets in the proper courtroom, shall swear witnesses, maintain custody of exhibits during the trial and perform other such duties as directed by the court.
(4) Duties of Court Reporters
The duties of the reporters shall be in accordance with administrative regulations adopted by the Illinois Supreme Court July 1st, 1997.

Rule I - Judicial Administration (page 1 of 1)