Rules – Article 1

Rules – Article 1

RULES OF THE COURT

General
Rules of Circuit

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Rule 1.1: Chief Judge

(a) Selection and Tenure
(b) Election Procedure
(c) Removal
(e) Vacancy

Rule 1.2: Acting Chief Jude

Rule 1.3: Presiding Judge

Rule 1.4: Court Records

(a) Inspection of Records
(b) Impounded Records
(c) Removal of Records
(d) Expunged Records

Rule 1.5: Non-Judicial Appointments

Rule 1.6: Inactive Status of
Probate Matters

Rule 1.7: Petit and Grand Jurors

Rule 1.8: Jury Commissions

Rule 1.9: Judicial Sales

Rule 1.10: Dismissal for want of prosecution

Rule 1.11: Court Procedure on Warrants

(a) Transfer of Cases
(b) Reinstatement to Active File
(c) Call of Warrant Calendar

Rule 1.12: Preparation of Judgments and Orders

Rule 1.13: Circuit Clerk Hours and Holidays

Rule 1.14: No Facsimile Filing

Rule 1.15: Inspection and Certification of Court Facilities


Article 1:  General Rules

  RULE 1.1 CHIEF JUDGE

(a) Selection and Tenure. In the first
full week of May in each even-numbered year, at a meeting to be called by the chief judge,
the circuit judges shall by ballot select a chief judge to take office immediately and
serve for the next two years.

(b) Election Procedure. The ballot shall
contain the names of all the circuit judges, arranged alphabetically. An election
committee, appointed by the chief judge or acting chief judge, shall canvass and announce
the votes cast on each ballot. If on any ballot a judge receives the votes of a majority
of the circuit judges, that judge shall be declared elected.

(c) Removal. A majority of the circuit
judges may, at any time, by written order, call a meeting, at a time and place stated, to
consider the removal of the chief judge. A copy of the order shall be delivered to each
judge not joining in it, at least five days before the time fixed for the meeting. At the
meeting the circuit judges shall vote by ballot on the question “Shall the present
chief judge be removed from office?” If a majority of the vote is in the affirmative,
the chief judge is thereby removed from office, and the circuit judges shall thereupon
proceed to select one of their number to serve as the new chief judge, to take office at
once and serve until the end of the term of the chief judge removed.

(d) Resignation. If the chief judge shall
at any time desire to resign, he or she shall call a meeting of the circuit judges and
present his or her resignation. If the resignation is accepted, the circuit judges shall
thereupon proceed to select one of their number to serve as the new chief judge, to take
office at once and serve for the remainder of the term of the chief judge resigning.

(e) Vacancy. Should the office of chief
judge at any time become vacant, from any cause not otherwise provided for in this rule,
the acting chief judge shall call a meeting to elect a new chief judge, to take office at
once and serve for the remainder of the term.

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RULE 1.2 ACTING CHIEF JUDGE

The chief judge shall appoint an acting chief judge who
shall serve at the pleasure of the chief judge. The acting chief judge shall discharge all
the duties of the chief judge during any incapacity or absence from the circuit of the
chief judge.

  RULE 1.3 PRESIDING JUDGE

The chief judge shall designate a presiding judge for each
county in the circuit. The presiding judge shall serve at the pleasure of the chief judge.
Each presiding judge shall have the responsibility and power to supervise all of the
judicial activities of the county in which he or she presides, unless otherwise ordered by
the chief judge.

  RULE 1.4 COURT RECORDS

(a) Inspection of Records. Except as
otherwise ordered, clerks and deputy clerks of the court shall permit inspection of all
files and records of cases in their respective offices.

(b) Impounded Records. No one except
judges, clerks, and deputy clerks will be permitted to examine the impounded indexes. The
basic and permanent records of adoptions, marriage license petitions, and juvenile cases
may be examined only as permitted by law.

(c) Removal of Records. Records shall be
removed from the office of the clerk of the court only for use in court, by a judge, or
pursuant to order of court.

(d) Expunged Records. When court records
are ordered expunged pursuant to law, the circuit clerk shall retain the number in the
case number list and in the index. The name of the defendant whose records have been
ordered expunged shall be deleted in the case number list and in the index and the word
“expunged” written in lieu thereof. The court file shall then be impounded and
kept locked. No one shall be permitted access to expunged records except by order of
court.

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  RULE 1.5
NON-JUDICIAL APPOINTMENTS

Non-judicial appointments, vested by law in the circuit
court or the judges thereof, shall be made by a majority of the circuit judges.

  RULE 1.6
INACTIVE STATUS OF PROBATE MATTERS

Whenever a judge of the circuit court determines that a
probate case (decedent’s estate or guardianship) has remained inactive for a considerable
time, he or she may direct the clerk of the court to place the case on a docket call, and
the clerk shall give notice, as directed by the judge, to the last known attorney of
record or personal representative, or both, of the time and place of the docket call.
Should the judge determine at the docket call that the case cannot be conveniently
terminated, he or she may enter an order directing the clerk to transfer the case to an
inactive docket, and the case file shall thereafter be filed with the closed probate
files. A case may be removed from the inactive docket to the active docket on motion and
order.

  RULE 1.7 PETIT AND
GRAND JURORS

(1) The general jury list required by 705 ILCS 305/1 may be
accomplished through the services of the Administrative Office of Illinois Courts. The
general jury list shall consist of all the registered voters in the county and all the
licensed drivers of the county who are 18 years of age or older.

(2) The petit jury list required by 705 ILCS 305/2 shall
consist of the entire general jury list.

(3) The drawing of petit jurors pursuant to 705 ILCS 305/8
and of grand jurors pursuant to 705 ILCS 305/9 may be done by computer.

  RULE 1.8 JURY COMMISSIONS

In counties that have jury commissions:

(1) All jury commissioners, circuit clerks, and judges
shall comply with the Jury Commission Act.

(2) The list of voters and driver’s license holders
required by 705 ILCS 310/2 shall be accomplished through the services of the
Administrative Office of Illinois Courts.

(3) The general jury list required by 705 ILCS 310/7 shall
consist of the entire combined voter list and driver’s license holders list.

(4) The active jury list required by 705 ILCS 310/8 shall
be the same as the general jury list.

(5) The drawing of petit jurors and grand jurors pursuant
to 705 ILCS 310/9 may be done by computer.

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  RULE 1.9 JUDICIAL SALES

In sales of real estate under judgments, the attorney
for the plaintiff shall be responsible for preparing the documents and performing the
services necessary for the sheriff, judge, or authorized officer to carry out the judgment
of sale.

  RULE
1.10 DISMISSAL FOR WANT OF PROSECUTION

In any case in which no setting, trial, service, or other
action of the court has been requested or obtained of record within six months of the last
filing or court action, the case may be dismissed for want of prosecution, at the cost of
the plaintiff. The clerk of the court shall forward a copy of the order of dismissal to
all attorneys and unrepresented parties of record.

  RULE 1.11 COURT
PROCEDURE ON WARRANTS

(a) Transfer of Cases. Any pending criminal felony or
misdemeanor case in which a warrant for the arrest of the defendant has been outstanding
and unserved for a period of six months shall be transferred by the clerk of the court to
a warrant calendar and shown as terminated for statistical purposes.

(b) Reinstatement to Active File. Upon service and
filing of an outstanding warrant in a case on the warrant calendar, or upon order of
court, the clerk shall transfer the case to the active docket and reinstate the case for
statistical purposes.

(c) Call of Warrant Calendar. Annually in December,
the clerk shall prepare and provide to the state’s attorney and the presiding judge a list
of all cases on the warrant calendar pending for more than one year. The presiding judge
shall then order a call of the cases on the list, at which call it shall be determined
whether each case should remain on the warrant calendar, be dismissed, or be reinstated as
an active case.

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  RULE 1.12
PREPARATION OF JUDGMENTS AND ORDERS

Unless the court directs otherwise, whenever a written
order or judgment is required, the attorney for the prevailing party shall promptly
prepare and present a draft to the court, with proof of service on opposing counsel. The
draft tendered may be entered forthwith unless objection is made within five working days
after service of the draft.

  RULE 1.13  CIRCUIT CLERK OFFICE HOURS AND HOLIDAYS

Offices of the circuit clerk shall be open Monday through
Friday of each week except on state legal holidays or days celebrated as such, or when
court is closed by the presiding judge of the county because of natural causes or other
hazards creating an emergency. In counties having a population of 25,000 or more, office
hours shall be from 8:00 A.M. to 4:00 P.M. In counties having a population of less than
25,000, office hours shall be from 8:00 A.M. to 12:00 noon and from 1:00 P.M. to 4:00 P.M.

  RULE 1.14:  NO FACSIMILE FILING

All pleadings, motions, and other papers shall be filed in
person or via mail. Facsimile or electronic filing is not authorized.
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  RULE 1.15 INSPECTION AND CERTIFICATION OF COURT FACILITIES

(a) Times and Places of Holding Court.

The chief
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 First Judicial Circuit a committee on court facilities. The chief 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 judge may not
serve as a member of the committee.

(1) When directed by the chief judge, at the request of the
presiding judge of any county, the committee shall inspect each courtroom, jury quarters,
chambers, ancillary court space, and office 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 judge. The
chief 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 it shall promptly file
a supplemental report with the chief judge, and include therein any additional
recommendations. The chief 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: (i)
correct the condition of the facility in question pursuant to the committee’s report
and recommendations, or (ii) 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 1.15(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 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 States
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 judge or
his or her designee shall preside over the hearing, which shall be transcribed by a court
reporter. The chief 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 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 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 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 judge certifies that the facility in question
meets applicable standards; or

(ii) Both the chairman of the county board and the chief
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 judge as set forth in Rule 1.15(c), then the chief 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 judge shall thereafter request the Supreme
Court to assign a judge from another circuit to preside at the hearing under this
paragraph. The Attorney General or an attorney appointed by the chief judge may represent
the chief judge at the hearing.

(3) A showing by the chief judge of compliance with Rules
1.15(b) and 1.15(c) constitutes prima facie evidence of the validity and enforceability of
any orders entered by the chief 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 judge, shall be paid by the
county in which the court facility in question is located.

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