 PART
1. ORGANIZATION |
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1.1
RULES OF COURT | TOP |
(a) Power
of court to adopt rules. These rules
are promulgated pursuant to Section 1-104(b)
of the Code of Civil Procedure authorizing
the Circuit Court to make rules regulating
their dockets, calendars and business and
Supreme Court Rule 21(a) authorizing a majority
of the circuit judges in each circuit to
adopt rules governing civil and criminal
cases consistent with rules and statutes.
(b) Existing rules repealed. These
rules shall become effective on November 1,
1992. All prior rules of the Circuit Court
of the Sixth Judicial Circuit, State of Illinois,
are hereby repealed.
(c) Amendment of
the rules. Any amendment of these
rules shall be passed by a majority vote
of all circuit judges of the Sixth Judicial
Circuit, with each voting judge being mailed
a copy of the proposed amendment at least
fourteen (14) days prior to the vote thereon.
(d) Transmittal
of rules. Copy of rules to be transmitted
to the Director, Administrative Office of
Illinois Courts. All rules of this court
and amendments thereto shall be filed with
the Director of the Administrative Office
of the Illinois Courts, Springfield, Illinois,
within fourteen (14) days after the adoption
thereof pursuant to Supreme Court Rule 21
(c).
(e) Compliance. All
personnel of the Circuit Court and persons
coming before the court shall comply with these
rules and all administrative orders of the
Chief Circuit Judge and Presiding Judge.
(f) Construction
of these rules. In the construction
of these rules, the law governing the construction
of statutes (Chapter 1, paragraph 1001 through
paragraph 1106, Illinois Revised Statutes,
1991) shall apply.
1.2 CHIEF JUDGE | TOP |
(a) Selection of
the Chief Judge. The Chief Judge shall
be a circuit judge elected by a majority
of the circuit judges within the Sixth Judicial
Circuit for a term of three years commencing
on the 1st of January, 1994. The balloting
shall be at least two (2) weeks prior to
the conclusion of the term. Nothing in these
rules shall prevent a Chief Judge from succeeding
himself in office. The Chief Judge, including
the Chief Judge sitting at the time of adoption
of these Rules, shall continue in office
until his successor is selected and assumes
office.(b) Acting Chief Judge. The Chief
Judge shall designate one of the circuit
judges to serve as Acting Chief Judge in
his absence or when the Chief Judge is unable
to serve. The designation shall be in writing
and shall be made within thirty (30) days
after assuming office of Chief Judge. The
Acting Chief Judge shall have the same powers
and duties as the Chief Judge and shall serve
at the pleasure of the Chief Judge. (c) Vacancy
in the office of Chief Judge. Whenever a
vacancy in the office of Chief Judge occurs,
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 within
three (3) weeks of the vacancy and at least
seven (7) days notice shall be given to all
circuit judges. (d) When vacancy occurs.
A vacancy in the office of Chief Judge shall
be deemed to have occurred when the Chief
Judge has been unable to serve for a period
of three (3) consecutive months.(e) Chief
Judge's powers and duties. The Chief Judge
is responsible for the administration of
all courts in the circuit and shall direct
the operations of the Circuit Court. A Chief
Judge has general administrative authority
over the Circuit Court, including authority
to provide for divisions, general or specialized,
for functional units and for designating
appropriate times and places of holding court.
The Chief Judge is subject to, and responsible
for, the implementation and enforcement of
the rules, orders, policies and directives
of the Supreme Court, the Chief Justice,
and Director, Administrative Office of the
Illinois Courts.
1.3
PRESIDING JUDGE | TOP |
(a) Designation
of Presiding Judge. The Chief Judge
shall, by written administrative order, appoint
one circuit judge within each county of the
circuit as Presiding Judge of that county.
The Presiding Judge shall sit at the pleasure
of the Chief Judge and nothing in these rules
shall prevent the Chief Judge from serving
as Presiding Judge of the county in which
he sits. Whenever the term "Presiding
Judge" is used in these rules, it refers
to the Presiding Judge of a county, appointed
by the Chief Judge of the Sixth Judicial
Circuit.
(b) Duties of the
Presiding Judge. The Presiding Judge
or his designate shall call and impanel Grand
and Petit Juries, submit budgets, administer
the Judicial Department of the county in
which he is presiding and perform such other
duties as may be required for the proper
administration of justice. He may promulgate
Administrative Orders within his county not
inconsistent with these rules or the Administrative
Orders of the Chief Judge. All Administrative
Orders issued by the Presiding Judge shall
be tendered to the Chief Judge fourteen (14)
days prior to their effective date during
which time the Chief Judge may approve, or
withhold approval, of the proposed Administrative
Order.
1.4
JUDICIAL ASSIGNMENTS | TOP |
(a) 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.
(b) Assignments
by the Presiding Judge. The Presiding
Judge within each county shall assign judicial
duties to the circuit and associate judges
regularly assigned to that county by the
Chief Judge.
1.5
COURT PERSONNEL | TOP |
(a) Court complement. A
full court complement consists of the judge,
court-room clerk, and sheriff or bailiff when
court is in session. A full complement shall
be maintained at all times unless waived by
the court for good cause.
(b) Courtroom clerk. The
courtroom clerk shall be the Circuit Clerk
or a Deputy Circuit Clerk authorized to swear
witnesses. The clerk shall attend court when
court is in session unless excused on a case-by-case
basis by the judge presiding in the particular
courtroom. The clerk shall obtain all necessary
files and record sheets for cases to be heard
that day, swear witnesses, maintain custody
of all exhibits which have been marked for
identification until further order of court,
and perform such other duties as may be directed
by the court.
(c) Sheriff-Bailiff. The
sheriff or bailiff shall open and close court,
preserve order in the courtroom, attend upon
the jury when placed in his custody, and perform
such other duties as may be directed by the
court.
1.6
JUDICIAL MEETINGS | TOP |
(a) Quarterly meetings. The
circuit judges shall meet at least quarterly
each year to discuss and take such action as
may be required in connection with the business
of the Court of the Sixth Judicial Circuit.
Such meeting may include the associate judges
and circuit clerks of the Sixth Judicial Circuit.
The associate judges of the circuit shall meet
as a group, and with the circuit judges at
least once annually. Such quarterly meetings
of the circuit judges shall be on the first
Thursday of February, May, August and November
of each year. The Chief Judge shall give, in
writing, at least twenty-eight (28) days notice
of the time and location of such quarterly
meetings.
(b) Special meetings. Special
meetings may be called at any time by the Chief
Judge or by a majority of the circuit judges
within the Sixth Judicial Circuit upon seven
(7) days notice to all circuit judges.
1.7 JUDICIAL
REPORTS | TOP |
Reports. In
addition to other reports that may be required
by the Supreme Court, Administrative Office
of the Illinois Courts, Chief Judge and Presiding
Judge, the following reports shall be submitted:
(a) Clerk's Quarterly
Activity Report. By the Clerk of the
Court to the Chief Judge, Presiding Judge
and Administrative Office of the Illinois
Courts due the 15th day of each month following
each quarter: April 15, July 15, October
15 and January 15.
(b) Clerk's Annual
Report of Pending Cases. By the Clerk
of the Court, annually, for the period ending
December 31, to the Presiding Judge, Chief
Judge and Administrative Office of the Illinois
Courts, on or before January 15th of each
year.
(c) Circuit Court
Summary Attendance Report. By all
court reporters and the Chief Judge's administrative
assistant by the 6th day of the following
month.
(d) Judge's Annual
Report of Pending Cases. By all judges
of the circuit, annually, for the period
ending December 31, of all felony cases pending
over 180 days and all law jury cases (over
$50,000) pending more than two years, to
the Presiding Judge and Chief Judge, on or
before January 31st of each year.
(e) Judge's Monthly
Report of Cases under Advisement. A
judge who takes a motion or hearing on the
final issues under advisement for 60 days
or more shall report, in writing, to the
Chief Judge and the Presiding Judge of such
action on or before the 8th day of the following
month. The report shall contain the case
name, number, county, the matter under advisement,
the date taken under advisement, and the
date of next hearing pursuant to Rule 1.8
of these Rules.
(f) Annual Jail
Report. The Presiding Judge of each
county shall insure that either the grand
jury, a committee of not less than three
of its members, or a citizens committee of
not less than five persons appointed by the
Chief Judge shall, on or before September
1st of each year, examine the county jail
and examine its condition and treatment of
the prisoners and file a report with the
Presiding Judge. A copy of the report shall
be transmitted by the Clerk of the Court
to the County Clerk, who shall submit the
report to the County Board at its next meeting.
(g) State's attorney's
report of fees, etc.
(1) Filing of report
Unless otherwise ordered by the Chief Judge,
the state's attorneys for the counties comprising
the Sixth Judicial Circuit shall report to
the Presiding Judge of their respective counties
the payment and collection of all fees, fines,
forfeitures and penalties on the second Monday
of January in each year.Each State's Attorney
shall satisfy the Court by voucher or otherwise
that all fees, fines, forfeitures and penalties
by them collected have been duly paid over
to the County Treasurer, pursuant to 55 ILCS
4-2005, and said State's Attorneys shall have
no further interest in conviction fees, fines,
forfeitures and penalties or monies collected
by virtue of such office. The court shall note
the filing of the report and fix a day certain
not less than 30 days thereafter when objections
in writing may be filed to such report by any
one or more tax payers of the county. Notice
of such hearing shall be given once at least
twenty-one (21) days before such hearing by
publication in a newspaper of general circulation
in such county. In the event objections are
filed to such report, a hearing shall be had
upon such report and objections, at such time
and in such manner as the Court shall direct
and after such hearing the Court may approve
or disapprove of such report as justice may
require and make all proper orders in reference
thereto.If no objections have been filed, the
Court shall inspect such report and require
the State's Attorney to produce evidence in
proof of his having paid over as required by
law all fines and forfeitures collected by
him, and if it appears to the Court that any
State's Attorney has failed or refused to turn
over the fines and forfeitures collected by
him as required by law, the Court shall at
once suspend him and appoint a State's Attorney
pro tempore to perform the duties of the office
until such State's Attorney shall have complied
with the provisions of the statutes, or the
orders of the court in regard thereto. The
reports for the counties of Champaign and Macon
shall be submitted to the County Auditor of
their respective counties for approval or disapproval
before being filed and presented to the court
and the action of the Auditor shall be endorsed
on the report.
(2) Waiver of report
The Report of Fees may be waived by an administrative
order of the Chief Judge upon written request
and affidavit of the State's Attorney of a
county within the Sixth Judicial Circuit that
all fines, fees, forfeitures and restitution
are collected by the Clerk of the Court and
that none of those funds pass through the Office
of the State's Attorney.
1.8 CASES
TAKEN UNDER ADVISEMENT | TOP |
All matters taken under advisement for interim
ruling or final judgment shall be allotted
on the court's calendar for ruling on a date
certain within 60 days from the date the case
was taken under advisement. The court may,
by order entered of record, extend the time
for ruling to a date certain on the court's
calendar not more that 120 days from the date
the case was taken under advisement.
1.9 DOCUMENTS
AND COURT FILES | TOP |
(a) Filing and Clerk's
file mark. All documents shall be
filed with the Clerk of the Court pursuant
to Supreme Court Rule 10 prior to their presentment
to the court with the exception of proposed
orders. Upon presentment to the Clerk, the
clerk shall place a file mark on the first
page of each document in the upper right
hand corner in the space so provided. All
pleadings shall include a cause entitlement
and number, contain a space at least 2 by
2 inches at the upper right portion of the
first page for the Clerk's file mark, shall
not contain a backing sheet and, if such
pleading contains more than one (1) page,
the pages shall be numbered and shall be
stapled at the upper left corner. With the
exception of forms and exhibits, only one
side of each page shall be used. The case
number shall not be placed in such a position
that it will be obliterated by the Clerk’s
file mark. The Clerk shall not accept a pleading
for filing unless accompanied by the proper
filing fee, if any.
(b) Signature on
pleadings. Every pleading, notice
or other paper filed with the court shall
be legibly signed by at least one attorney
of record in his or her individual name or
by the pro se party filing the same.
(c) Acknowledgment
of pleading by an attorney. No pleading
or entry of appearance shall be acknowledged
by any attorney or member or employee of
his or her firm, for an opposing party.
(d) Removal of files
from courthouse. Original files, documents
or exhibits shall not be removed from the
courthouse except by leave of court or the
Clerk of the Court. A receipt shall be filed
with the Clerk by the party removing the
files, documents or exhibits. Such files,
documents or exhibits shall not be retained
by the party removing same for more than
two (2) days without further leave of court
or the Clerk of the Court.
(e) Filing of documents
received by facsimile transmission. The
Clerk of the Court shall not file documents
received by facsimile transmission unless
otherwise authorized by Supreme Court Rule
or by court order entered of record.
1.10
COUNTY LAW LIBRARY | TOP |
(a) Law Library
Committee. Each county within the
Sixth Judicial Circuit shall have a Law Library
Committee of which the Presiding Judge of
that county or his designate shall serve
as chairman. The members of the committee
shall be named by the Presiding Judge. The
committee shall oversee the operation of
the County Law Library and promulgate written
rules for the operation thereof, which shall
be posted in a conspicuous place within the
the library.
(b) Law Library
fund. Disbursements of the county
law library fund shall be on order of the
Presiding judge or his designate.
(c) Law Library
budget. The annual budget for the
County Law Library shall be included in the
budget of the Judicial Department of that
county.
1.11
INSPECTION AND CERTIFICATION OF COURT FACILITIES
| TOP |
(a) Times and places
of holding court. The Chief Circuit
Judge shall designate, as provided in Article
VI, Section 8(c), of the Constitution of
1970, the times and places of holding court
in each county of the Circuit.
(b) Committee on
court facilities. There shall be in
the Sixth Judicial Circuit a committee on
court facilities. The Chief Circuit Judge
shall appoint from the circuit and associate
judges of the circuit those who shall serve
on the committee, and shall designate one
of its members as chairman. The Chief Circuit
Judge may not serve as a member of the committee.
(1) When directed by the Chief Circuit Judge,
the committee shall inspect each courtroom,
jury quarters, chambers, ancillary court spaces,
and offices of the clerk of the court within
any county of the Circuit.
(2) The committee shall file a preliminary
report of the inspection, together with the
committee’s recommendations, with the
Chief Circuit Judge. The Chief Circuit Judge
shall transmit a copy of the report and proposals
for corrective action to bring such facilities
within applicable standards to the chairman
of the county board in which the facility in
question is located. If corrective action is
not commenced and completed within the time
period established by the committee, then R
shall promptly file a supplemental report with
the Chief Circuit Judge, and include therein
any additional recommendations. The Chief Circuit
Judge shall transmit a copy of the supplemental
report to the chairman of the county board.
Within 90 days of such transmittal, or such
other period as may be designated by the chairman
of the committee, the county board must either:
(1) correct the condition of the facility in
question pursuant to the committee's report
and recommendations, or (2) bind the county
contractually and irrevocably to have the facility
so corrected within six months or such other
time as may be designated by the committee.
(c) Information
hearing. In the event
the county board fails to comply with Rule
1.1 1 (b)(2), the chairman of the committee
shall file a petition styled, "In re
the Court Facilities of County", with
the clerk of the court of the county in which
the facility in question is located. The
petition shall specify the deficiencies of
each such facility, the remedial action proposed,
any action taken by the county board, and
a prayer for appropriate relief. Upon such
filing, the Chief Circuit Judge shall forthwith
designate a time, date and place for a hearing
thereon.
(1) The chairman of the committee shall cause
summons, together with a copy of the petition,
to issue and to be served on the chairman and
each member of the county board not less than
21 days prior to the hearing. The chairman
of the committee may direct the circuit clerk
to give notice of the hearing to such other
persons as he or she deems appropriate by placing
such notice and a copy of the petition in an
envelope having prepaid first class postage
thereon and depositing it in the United Sates
Mail not less than 21 days prior to the hearing.
The clerk's certificate of mailing notice shall
be made of record.
(2) An informal and public hearing on the
petition shall be held in the county in which
the court facility in question is located.
The Chief Circuit Judge shall preside over
the hearing, which shall be transcribed by
a court reporter. The Chief Circuit Judge may
direct that a subpoena issue to any witness
deemed appropriate and may take judicial notice
of reports filed by the committee.
(3) Following the informational hearing,
the Chief Circuit Judge shall file with the
circuit clerk his or her findings and order
regarding the facility in question, together
with a certification that the facility:
(i) meets applicable standards; or
(ii) does not meet applicable standards, but
may be temporarily certified until a period
ending on a date certain; or
(iii) does not meet applicable standards,
but may be conditionally certified upon the
condition that specified action is taken and
completed by a date certain; or
(iv) does not meet applicable standards and
will be discontinued for court use effective
on a date certain.
(4) Before the Chief Circuit Judge may order
that new or additional court facilities be
constructed or remodeled, he or she must first
determine that exigent circumstances exist
requiring that such an order be entered. The
Chief Circuit Judge may also order that such
construction or remodeling be completed by
a specified date. Any such orders regarding
construction or remodeling of new court facilities
shall be entered against the county board of
the county in which the facility in question
is located, as well as personally against each
member of that county board. A finding of exigent
circumstances need not be made in an order
concerning existing courtrooms and ancillary
facilities.
(5) An informational hearing under this subsection
need not be held if:
(i) The Chief Circuit Judge certifies that
the facility in question meets applicable standards;
or
(ii) Both the chairman of the county board
and the Chief Circuit Judge waive such hearing
in writing.
(d) Hearing Pursuant to
Supreme Court Rule 21(c).
(1) If the county board does not comply with
the order of the Chief Circuit Judge as set
forth in Rule 1.11(c), then the Chief Circuit
Judge shall file a "Petition to Compel
Compliance" with the circuit clerk of
the county in which the informational hearing
was held.
(2) The Chief Circuit Judge shall thereafter
request the Supreme Court to assign a judge
from a circuit other than the circuit in which
the petition is filed to preside at the hearing
under this paragraph. The Attorney General
or an attorney appointed by the Chief Circuit
Judge shall represent the Chief Circuit Judge
at the hearing.
(3) A showing by the Chief Circuit Judge
of compliance with Rules 1.11 (b) and 1.11
(c) constitutes prima facie evidence of the
validity and enforceability of any orders entered
by the Chief Circuit Judge pursuant to those
Rules.
(4) After hearing the judge shall file his
written findings, order, and certification,
and shall have available all appropriate remedies
under the law of this State.
(e) Costs, fees and expenses. In proceedings
held pursuant to this rule, costs, attorney
fees and other expenses, including but not
limited to expert witness fees incurred by
or taxable to the Chief Circuit Judge shall
be paid by the county in which the court facility
in question is located.
1.12
COURTROOM DECORUM | TOP |
(a) Judicial responsibility. It
shall be the responsibility of each judge sitting
within the Sixth Judicial Circuit to enforce
proper courtroom decorum, including appropriate
dress, of all court staff, attorneys, parties,
witnesses, jurors, and other persons within
the courtroom in which he or she is presiding.
(b) Enforcement. Violation
of subsection (a) of this Rule shall immediately
be brought to the attention of the particular
individual involved and, if not corrected,
the court shall take appropriate action.
1.13
COURT APPEARANCE
(a) Court hours. Unless
otherwise directed by the Chief Judge, court
hours shall be from 8:30 a.m. to 12:00 p.m.,
and from 1:30 p.m. to 4:30 p.m., Monday through
Friday of each week inclusively except when
court is closed in observance of a legal holiday
pursuant to an order of the Chief Judge. Dates
upon which court will be closed shall be posted
in the courthouse of the individual counties
within the Sixth Judicial Circuit. A trial
judge is authorized to increase these hours
when required to conduct court business.
(b) Prompt attendance
required. Judges shall begin court
promptly at the designated time. All attorneys
and parties shall appear promptly before
the court. In the event that a party or attorney
fails to appear promptly, the court may impose
such sanction or take such remedial action
as it deems appropriate. In the event that
the failure of a party or attorney to appear
promptly renders it impossible to proceed,
the court may order the party or attorney
failing to appear promptly to pay the reasonable
costs and expenses, including attorney's
fees, to the opposing party or attorney.
1.14
JURORS, TERMS OF SERVICE, SUMMONS AND EXCUSE | TOP |
(a) Grand Jurors. Grand
Jurors may be called by the Presiding Judge
or Jury Commission, as the case may be, for
a specified period not to exceed eighteen (18)
months. After being impaneled, instructed,
and sworn, the Grand Jury shall sit from time
to time until permanently discharged by the
court.
(b) Petit Jurors. Petit
Jurors shall be called by the Presiding Judge
or his designate, as the case may be, for a
period of time to be designated by the Presiding
Judge. The Presiding Judge or his designate,
as the case may be, shall certify to the Clerk
of the Court the number of petit jurors required,
together with the date, time and place of reporting
and period of service.
(c) Jury summons. The
Circuit Clerk shall issue and cause to be served
a jury summons on all grand jurors and petit
jurors at least fifteen (15) days prior to
the first day of service. Jury summons may
be served by U.S. Mail, postage prepaid, to
the address as listed in the records of the
Jury Commission.
(d) Jury excuses. The
Presiding Judge, his designate, or Jury Commission,
as the case may be, is authorized to excuse
summoned jurors or to continue their service,
and regulate their assignments to the various
courtrooms within the county.
(e) Rules applicable. The
Grand Jury and Petit Jury are subject to the
rules of the County Jury Commission if such
commission has been established within the
county.
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