Illinois Circuit Courts
Encyclopedia
The Illinois Circuit Courts are state courts of the U.S. state
of Illinois
. They are trial court
s of original jurisdiction
. There are 23 judicial circuits in the state, each comprising one or more of Illinois' 102 counties. Five circuits comprise solely of a single county
- Cook
, Will
, DuPage
, Lake
, and McHenry
. The other 18 circuits each contain between 2 and 12 counties.
The circuit court has general jurisdiction
and can decide, with few exceptions, any kind of case. (The exceptions are redistricting of the Illinois General Assembly
and the ability of the governor of Illinois
to serve or resume office. The circuit court also shares jurisdiction with the Supreme Court of Illinois
(the state supreme court
) to hear cases relating to revenue
, mandamus
, prohibition, and habeas corpus
. However, if the supreme court chooses to exercise its jurisdiction over these cases, the circuit court may not decide them. The circuit court also reviews administrative decisions
of certain state agencies.
There are two kinds of judges in the circuit court: circuit judges and associate judges. Circuit judges are elected for six years, may be retained by voters
for additional six-year terms, and can hear any kind of case. Circuit judges are elected on a circuit-wide basis or from the county where they reside.
In the Circuit Court of Cook County, which contains Chicago
and is the largest of the 22 circuits in Illinois, circuit judges are elected from the entire county or as resident judges from each of the fifteen subcircuits within the county. Associate judges are appointed by circuit judges, under Supreme Court rules, for four-year terms. An associate judge can hear any case, except criminal cases punishable by a prison term of one year or more
, unless the associate judge has received approval from the Supreme Court to hear other criminal cases.
Circuit judges in a circuit elect one of their members to serve as chief judge
of the circuit court. Cases may be assigned to general or specialized divisions by the chief judge who has general administrative authority in the circuit, subject to the overall administrative authority of the Supreme Court.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
. They are trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s of original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
. There are 23 judicial circuits in the state, each comprising one or more of Illinois' 102 counties. Five circuits comprise solely of a single county
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
- Cook
Cook County, Illinois
Cook County is a county in the U.S. state of Illinois, with its county seat in Chicago. It is the second most populous county in the United States after Los Angeles County. The county has 5,194,675 residents, which is 40.5 percent of all Illinois residents. Cook County's population is larger than...
, Will
Will County, Illinois
As of the census of 2000, there were 502,266 people, 167,542 households, and 131,017 families residing in the county. The population density was 600 people per square mile . There were 175,524 housing units at an average density of 210 per square mile...
, DuPage
DuPage County, Illinois
As of the 2010 Census, the population of the county was 916,924, White Americans made up 77.9% of Dupage County's population; non-Hispanic whites represented 70.5% of the population. Black Americans made up 4.6% of the population. Native Americans made up 0.3% of Dupage County's population...
, Lake
Lake County, Illinois
Lake County is a county in the northeastern corner of the state of Illinois, on the shore of Lake Michigan. According to the 2010 census, it has a population of 703,462, which is an increase of 9.2% from 644,356 in 2000. Its county seat is Waukegan. The county is part of the Chicago metropolitan area...
, and McHenry
McHenry County, Illinois
McHenry County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 308,760, which is an increase of 18.7% from 260,077 in 2000. Its county seat is Woodstock. This county is part of the Chicago metropolitan area. It is the sixth largest county, in...
. The other 18 circuits each contain between 2 and 12 counties.
The circuit court has general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
and can decide, with few exceptions, any kind of case. (The exceptions are redistricting of the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...
and the ability of the governor of Illinois
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....
to serve or resume office. The circuit court also shares jurisdiction with the Supreme Court of Illinois
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...
(the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
) to hear cases relating to revenue
Revenue
In business, revenue is income that a company receives from its normal business activities, usually from the sale of goods and services to customers. In many countries, such as the United Kingdom, revenue is referred to as turnover....
, mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
, prohibition, and habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. However, if the supreme court chooses to exercise its jurisdiction over these cases, the circuit court may not decide them. The circuit court also reviews administrative decisions
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
of certain state agencies.
There are two kinds of judges in the circuit court: circuit judges and associate judges. Circuit judges are elected for six years, may be retained by voters
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
for additional six-year terms, and can hear any kind of case. Circuit judges are elected on a circuit-wide basis or from the county where they reside.
In the Circuit Court of Cook County, which contains Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
and is the largest of the 22 circuits in Illinois, circuit judges are elected from the entire county or as resident judges from each of the fifteen subcircuits within the county. Associate judges are appointed by circuit judges, under Supreme Court rules, for four-year terms. An associate judge can hear any case, except criminal cases punishable by a prison term of one year or more
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, unless the associate judge has received approval from the Supreme Court to hear other criminal cases.
Circuit judges in a circuit elect one of their members to serve as chief judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
of the circuit court. Cases may be assigned to general or specialized divisions by the chief judge who has general administrative authority in the circuit, subject to the overall administrative authority of the Supreme Court.