Beginning in about a year, under a surprise bill jammed through Illinois’ state legislature in the wee hours of the morning, just before the end of the recently closed legislative session, Lake County’s circuit court system will be redivided, with the addition of at least four new “subcircuits” and an unknown number of new judges to preside in them.
However, the genesis and purpose of the new legislation, which could tack on millions of dollars in new costs on Lake County taxpayers, remains shrouded in questions, as Lake County’s chief judge says no one in that court system requested the changes, nor was it needed to address any problems within Lake County’s courts.
On June 1, at about 3 a.m., the Illinois State Senate approved the legislation, known as SB2406.
State Sen. Dan McConchie (R-Lake Zurich)
The legislation accomplishes two primary goals within Illinois’ courts.
Under one amendment to the legislation, St. Clair County would become its own circuit. The county, which borders Madison County, in the Metro East suburbs of St. Louis, is infamously known by legal reform advocates as one of the growing plaintiffs-friendly destinations for asbestos litigation and other torts. St. Clair County has a population of only about 262,000.
Under another amendment, the legislation would also impact Lake County, calling for the creation of “at least” four new so-called judicial subcircuits.
Lake County – population, about 703,000 - is covered by the 19th Judicial Circuit, based in the county seat of Waukegan. However, the county is also divided into six judicial subcircuits.
The subcircuits provide more local options for hearing certain kinds of cases within the county.
Lake County covers about 1,368 square miles from Cook County north to the Wisconsin state line, along Lake Michigan. McHenry County borders Lake County to the west.
Under the legislation, Lake County would be divided into 10 judicial subcircuits.
However, beyond that, political observers and court officials remain unclear on how the goals of the legislation will actually be implemented, and what it will mean for Lake County’s courts.
In emailed responses to questions from The Cook County Record, Lake County Chief Judge Diane Winter said the redistricting legislation did not originate from Lake County’s courts.
“The 19th Circuit Chief Judge, nor any other judge or administrative staff of the 19th Circuit, made any requests for redistricting in the 19th Circuit,” Winter said.
Winter also noted the new subcircuits, and the new judges that will come along with them, are needed to address any immediate needs in Lake County’s courts.
Winter noted that in 2020, Lake County’s courts handled a total of only about 81,000 cases, including criminal felonies, family law matters, traffic tickets, ordinance violations and lawsuits, among others.
While 2020’s numbers may have been held down by the governmental and societal response to the COVID-19 pandemic, even in 2019, Lake County courts handled a total of about 123,000 cases. That was down 45% from 2010, when Lake County courts heard nearly 224,000 criminal and civil matters.
The purpose of the new subdivision of Lake County’s courts also perplexed State Sen. Dan McConchie.
McConchie, of suburban Lake Zurich, in Lake County, serves as Republican leader in the state Senate.
He spoke in opposition to the bill, when it was brought, suddenly, to the floor for “an up-or-down vote.”
“There was no airing for this, no public debate,” said McConchie. “It didn’t even receive a hearing in committee.”
He said Senate President Don Harmon (D-Oak Park) simply ushered the bill straight to the full Senate.
The measure also did not secure a sponsor from Lake County. All of the co-sponsors for the legislation from both the state Senate and state House of Representatives were from either the Metro East region or from Cook County.
When the measure was called for a vote, confusion reigned among Democrats pushing for a vote, as video of the floor debate revealed they did not know the measure included the addition of new subcircuits to Lake County.
McConchie said Republicans believe the General Assembly’s Democratic supermajority made St. Clair County its own circuit court as a gift to Illinois trial lawyers, who have historically done big business in courtrooms in Madison County, in “an unholy alliance between judges there and trial lawyers.” Trial lawyers have formed one of the biggest donor bases for Illinois Democrats for decades.
Those trial lawyers, however, have found Madison County tougher sledding in recent years, as the county has shifted Republican. By separating St. Clair County from the surrounding, more rural counties, the Democrats could ensure St. Clair remains a Democratic stronghold, and more friendly venue for trial lawyers.
McConchie, however, said it remains far less clear why the Democratic majority decided to include the Lake County judicial redistricting in the bill.
He noted Lake County, traditionally a Republican stronghold, has shifted strongly Democratic in recent elections. The creation of new judgeships, thus, could present the opportunity for more Democrat lawyers to find seats on the county’s bench, McConchie said.
The main problems with the bill, for now, remain unanswered questions surrounding its implementation.
Judge Winter indicated her office believes the new law could add up to five new judges to the 19th Circuit. Such circuit judges earn an average salary of around $210,000 annually. Those salaries are paid by the state.
New courtrooms and new judges, however, also carry with them new costs for Lake County taxpayers, who must pay for the support staff, security, clerks and the courthouses themselves.
Judge Winter did not answer a Cook County Record request for an estimate of how much such a new judgeship, with assorted staff, might cost taxpayers.
“The amount of local funding can vary depending upon several factors, including but not limited to things such as: are there available existing courtrooms and judicial chambers, or the type of court call the judge is assigned as well as clerks, and Sheriff’s deputies that must be assigned to each judge,” Winter said.
Winter said her reading of the law leads her to believe the judgeships would be created after the 2024 elections.
However, McConchie said the law “is so poorly written” that different people could interpret the law’s text differently on the question of how the judgeships would be created.
The law would convert the county’s 15 circuit judgeships, which are now elected by all Lake County voters, to “resident judgeships,” assigned to different subcircuits.
The law then says “when a vacancy occurs in a resident judgeship, the resident judgeship shall be allotted by the Supreme Court … and filled by election.”
However, there would be no election to fill a vacancy if that subcircuit already contained at least two other “resident” judges.
The legislation would require two new “resident judgeships” to be filled by election “beginning at the 2022 general election,” along with any vacancies that may occur between 2020 and 2022.
McConchie said subcircuit district lines would need to be drawn by lawmakers at future sessions of the General Assembly, after the state receives final population data from the 2020 U.S. Census for Lake County.