- cases arising under the Adult Protective Services Act;
- domestic violence cases as defined in Part 22 of the rules of this court;
- the following criminal offenses which the victim is an elderly person:
i. any felony in which the victim is an elderly person
ii. criminal abuse or neglect of a person with a disability
iii. theft
iv. aggravated identity theft
v. forgery
vi. burglary
vii. residential burglary
viii. aggravated home repair fraud
ix. possession of lost/mislaid credit/debit card
x. possession of another's credit/debit card
xi. criminal housing management
xii. aggravated criminal housing management
xiii. violation of an order of protection
xiv. criminal trespass to a residence
xv. criminal damage to property
xvi. possession of a stolen motor vehicle
xvii. aggravated possession of a stolen motor vehicle - cases arising under the Illinois Human Rights Act;
- administrative review pursuant to 625 ILCS 5/11-208.3 in the First Municipal District ;
- administrative review of final decisions regarding municipal code violations made by code hearing units or departments established by municipalities in the First Municipal District pursuant to 65 ILCS 5/1-2.1-1, et seq. (applicable to municipalities that are home rule units), actions filed by municipalities pursuant to 65 ILCS 5/1-2.1-8 or 65 ILCS 5/1-2.2-55 for the enforcement of judgments and judgments on the findings, decision and order, respectively.
[Amended January 11, 2018, effective January 2, 1998.]
(f) - Criminal Division
The Criminal Division hears criminal actions and prosecutions, commenced by indictment or information, except for those actions heard in the Domestic Violence Division, related matters arising under the Mental Health and Developmental Disabilities Code, as amended (405 ILCS 5/1-100 et seq.) and proceedings commenced under the Sexually Violent Persons Commitment Act, (725 ILCS 207/1 et seq.). The Criminal Division also hears criminal actions and proceedings concerning habeas corpus and extradition in criminal matters and petitions to expunge records of arrest pursuant to the Criminal Identification Act of 1931, as amended (20 ILCS 2630/0.01 et seq.).
[Amended, effective April 19, 2010.]
(g) - Domestic Violence Division
The Domestic Violence Division hears actions and proceedings for civil no contact orders arising under the Civil No Contact Order Act (740 ILCS 22/101, et seq.), stalking no contact orders arising under the Stalking No Contact Order Act (740 ILCS 21/1, et seq.), orders of protection arising under the Domestic Violence Act of 1986 (750 ILCS 60/101, et seq.), except actions arising under the Juvenile Court Act (705 ILCS 405/1 1, et seq.), the Mental Health and Developmental Disabilities Code (405 ILCS 5/1 100, et seq.), and the Probate Act of 1975 (755 ILCS 5/1 1, et seq.). The Division also hears all of the following criminal actions and proceedings involving family and household members, as defined in the Domestic Violence Act of 1986:
1) all matters through the preliminary examination or indictment, pursuant to 725 ILCS 5/109 3.1, in which the most serious offense charged is a class 1, 2, or 3 felony; and
2) all matters in which the most serious offense charged is aggravated stalking, any class 4 felony, or any misdemeanor.
(h) - (Reserved)
[Amended January 11, 2018, effective, September 29, 2014.]
(i) Pretrial Division
The Pretrial Division, formerly known as Central Bond Court, hears the initial proceedings in
criminal cases filed in the Municipal Department, including, but not necessarily limited to, initial
bail hearings, as set forth below. Cases heard in the Pretrial Division remain filed in the
Municipal Department while being adjudicated in the Pretrial Division, without the need to be
transferred into or out of the Division. Except as otherwise noted, the Pretrial Division hears the
following cases and proceedings:
1) First District (City of Chicago)
a) misdemeanor traffic offenses
b) felony cases
c) bail review hearings prior to transfer of the case to the Criminal Division, Domestic Violence Division, a suburban Municipal District, or a First District branch court, unless otherwise ordered by the court
d) felony cases assigned to a pretrial diversion program pursuant to Adult Redeploy Illinois, 730 ILCS 190/20, or referred to a deferred prosecution program
e) preliminary examination (probable cause for detention) hearings, including emergency hearings outside of regular business hours
f) extradition (fugitive) cases
g) intrastate (other Illinois counties) warrants
h) applications for search warrants, including emergency applications outside of regular business hours
2) All Districts: initial bail hearings, on weekends and court holidays, in misdemeanor and
felony cases.
Dated: September 15, 2017.
The Juvenile Justice and Child Protection Department is composed of the following divisions:
(a) - Juvenile Justice Division
The Juvenile Justice Division hears actions and proceedings arising under Articles I and V of the Juvenile Court Act of 1987, as amended, and related matters arising under the Parentage Act of 1984, as amended (750 ILCS 45/1 et seq.), the Mental Health and Developmental Disabilities Code, as amended (405 ILCS 5/1-100 et seq.), and the School Code of 1961, as amended (105 ILCS 5/1-1 et seq.).
(b) - Child Protection Division
The Child Protection Division hears actions and proceedings arising under Articles I, II, III and IV of the Juvenile Court Act of 1987, as amended, and related matters arising under the Parentage Act of 1984, as amended (750 ILCS 45/1 et seq.), the Mental Health and Developmental Disabilities Code, as amended (405 ILCS 5/1-100 et seq.), and School Code of 1961, as amended (105 ILCS 5/1-1 et seq.), and the Probate Act of 1975, as amended (755 ILCS 5/11-1 et seq.).
[Amended, effective August 1, 1996.]
The Municipal Department is divided into six districts:
(a) Districts
[Amended April 21, 2011, effective May 2, 2011.]
- District 1: The City of Chicago;
- District 2: The Townships of Evanston, Maine, excluding that part of the Township of Maine within the territorial limits of the municipality of Rosemont, New Trier, Niles, Northfield, excluding that part of the Township of Northfield within the territorial limits of the municipality of Prospect Heights, and that part of the Township of Wheeling within the territorial limits of the municipality of Des Plaines;
- District 3: The Townships of Barrington, Elk Grove, Hanover, Palatine and Schaumburg, that part of the Township of Leyden within the territorial limits of the municipalities of Rosemont and Schiller Park, that part of the Township of Maine within the territorial limits of the municipality of Rosemont, that part of the Township of Northfield within the territorial limits of the municipality of Prospect Heights, Wheeling, excluding that part of the Township of Wheeling within the territorial limits of the municipality of Des Plaines, Norwood Park, excluding that part of the Township of Norwood Park within the territorial limits of the City of Chicago;
- District 4: The Townships of Berwyn, Cicero, Leyden, excluding that part lying within the territorial limits of the municipalities of Rosemont and Schiller Park, Oak Park, Proviso, River Forest, and Riverside;
- District 5: The Townships of Lemont, Lyons, Orland, Palos, Stickney, and Worth;
- District 6: The Townships of Bloom, Bremen, Calumet, Rich, and Thornton;
- Notwithstanding the above, the municipalities of Crestwood and Oak Forest and the part of the Village of Tinley Park that is within the territorial limits of Cook County are in District 5.
- Notwithstanding the above, the territorial limits of the municipality of Bensenville which is within the territorial limits of Cook County is in District 4.
(b) Civil Actions Heard
- Municipal District One hears civil actions and proceedings at law seeking compensatory and consequential money damages not in excess of $ 30,000, actions for the recovery of property of a value not in excess of $ 30,000, actions of forcible entry and detainer, and proceedings ancillary and supplemental thereto, including attachment, garnishment, distress and citation.
- Municipal Districts Two, Three, Four, Five and Six hear civil actions and proceedings at law seeking compensatory and consequential money damages not in excess of $100,000, actions for the recovery of property of a value not in excess of $100,000, actions of forcible entry and detainer, and proceedings ancillary and supplemental thereto, including attachment, garnishment, distress and citation; emergency petitions for involuntary admission on an inpatient basis under the Mental Health and Developmental Disabilities Code, 405 ILCS 5/3-701 , et seq. [amended March 10, 2022, effective immediately]
- Upon amendment prior to trial of a complaint ordinally filed as a Municipal Department case, the amendment reflecting an increase in the ad damnum above the monetary damage amount set forth in section 2.1 (a)(1) above, for reassignment purposes, the court, upon its own motion or upon motion of a party filed not later than 28 days after amendment of the complaint, shall transfer the action to the Presiding Judge of the respective Municipal District for reassignment to the Presiding Judge of the Law Division.
- Upon the court’s own motion or motion of any party where the court finds that the reasonable value of an action pending in the Municipal Department exceeds the monetary damage amount set forth in section 2.1 (a)(1) above, the court shall transfer the action to the Presiding Judge of the respective Municipal District for transfer to the Presiding Judge of the Law Division. The Presiding Judge of the Law Division shall hold a status hearing at which the parties may agree to allow the action to proceed as a Law Division action in the appropriate Municipal District courthouse location. If there is no agreement, the action shall proceed in the Law Division in the Richard J. Daley Center location.
- In actions filed seeking damages in the Municipal Department the complaint shall allege the amount of damages sought wherever applicable as follows:
(i) The amount sought to be recovered does not exceed $ 2,500;
(ii) The amount sought to be recovered is not less than $ 2,500 nor more than $ 30,000 for actions filed in Municipal District One nor more than $ 50,000 for actions filed in Municipal District Two, Three, Four, Five or Six. Pursuant to Illinois Supreme Court Rule 222 , any such action shall have attached to the initial pleading the party’s affidavit that the total money damages sought does not exceed $ 50,000;
(i) The enforcement of building, housing and zoning ordinances;
(ii) The appointment of receivers in said cases to cause compliance with the said ordinances;
(c) Presiding Judges
The Presiding Judges of those Municipal Districts in which actions of other division(s) are filed and heard shall be deemed supervising judges in such other division(s) for the purpose of facilitating case flow management.
(d) Place of Filing — Civil Proceedings
Civil Actions in the Municipal Department are filed in:
- The district of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against the defendant and not solely for the purpose of permitting a filing in that district, or;
- The district in which the transaction or some part thereof occurred out of which the cause of action arose. Actions of attachment, distress for rent, forcible entry and detainer, and for the recovery of property may be filed in the district where the property is located.
- Actions seeking relief enumerated in Section 2.3 (b)(6) above shall be filed in the district where the municipal corporation seeking the relief is situated. Notwithstanding the provisions of this subparagraph, all actions filed by the County of Cook seeking relief as stated herein shall be filed in Municipal District 1.
The following definitions shall apply to the foregoing Section 2.3:
(i) Any private corporation or railroad or bridge company organized under the laws of this State and any foreign corporation authorized to transact business in this State is a resident of any district in which it has its registered office or other office. If there is no registered office or other office in Cook County, the corporation or company is deemed to be a resident of any district in which it is transacting business.
(e) Criminal Actions Heard
The Municipal Department hears criminal and quasi-criminal actions and prosecutions commenced by complaint or information except for those matters heard in the Domestic Violence Division.
(f) Place of Filing — Criminal Proceedings
- District 1. All criminal or quasi-criminal cases shall be filed as prescribed by the Presiding Judge of District 1.
- Districts 2 through 6. Complaints for examination in all felony cases shall be filed in the Central District Court in the appropriate district. All other criminal or quasi-criminal cases shall be filed whenever practicable in that court in the appropriate district which is nearest to the location of the offense or in the Central District Court in the appropriate district.
- Notwithstanding the provisions of subparagraphs (1) and (2), complaints in all criminal and quasi-criminal cases initiated by the State of Illinois Legislative Advisory Committee on Public Aid shall be filed in the Sixth Municipal District of the Circuit Court of Cook County.
(a) Assignment of Actions.
Subject to Rule 295 of the Illinois Supreme Court, any action may be assigned to any judge or associate judge of the Circuit Court of Cook County for hearing or trial, regardless of the department, division or district in which the case was filed or to which the judge is regularly assigned. Any action or proceeding may be heard or tried in any courtroom in the Circuit Court of Cook County, regardless of the department, district or division in which the case was filed or for which the courtroom is regularly used.
(b) Filing or Trial in Wrong Branch.
No action shall be dismissed and no judgment order or decree shall be vacated, set aside or invalidated because the action was filed, tried or adjudicated in the wrong department, division or district.
(c) Transfer of Actions Improperly Filed.
Any action assigned to a judge that is determined by that judge, whether by suggestion of the parties or otherwise, to have been filed or to be pending in the wrong department, division, district or section of the Circuit Court of Cook County, shall be transferred to the Presiding Judge of the division or district in which it is pending for the purpose of transferring the action to the Presiding Judge of the proper division or district, or for reassignment to the proper section.
(d) Transfer of Actions Properly Filed.
For the convenience of parties and witnesses and for the more efficient disposition of litigation, a judge, upon motion of any party may transfer any action pending before that judge to the Presiding Judge of the division or district for the purpose of transferring the action to any other department, division or district.
(e) Transfer Orders.
Transfer orders shall be in writing, signed by the judge transferring the case and by the Presiding Judge of the division or district, and shall be in substantially the following form:
"The above entitled and numbered cause having been previously assigned to Judge ____________________ is hereby transferred to Judge _____________________, Presiding Judge of the _____________________ Division or District for the purpose of transferring the cause to the _____________________ Division or District.
IT IS HEREBY ORDERED that said cause be and the same is transferred to Judge _________________, Presiding Judge of the _________________ Division or District.
______________________________________
Division or District
(f) Fees in Actions Transferred.
When an action is transferred from one department, division or district to another department, division or district and the fee required in the department, division or district to which the action is transferred is greater than the fee required in the department, division or district where the action was originally filed, the plaintiff shall pay a fee in an amount equal to the amount the plaintiff would have been required to pay had the plaintiff filed the action in the department, division or district to which the action is transferred, less the amount of the original filing fee paid, and the defendant and each defendant, if separate appearances have been filed, shall pay a fee in an amount equal to the amount the defendant would have been required to pay had the defendant filed his/her appearance in the department, division or district to which the action is transferred, less the amount of the original appearance fee paid.
[Amended, effective August 1, 1996.]
Actions commenced on and after April 19, 2010, in the several departments, divisions, and districts of the Circuit Court of Cook County shall be filed in the following main offices of the Clerk of the Court:
(a) County Department
Law Division, Room 801, Richard J. Daley Center, Chicago;
Chancery Division, Room 802, Richard J. Daley Center, Chicago;
Domestic Relations Division, Room 802, Richard J. Daley Center, Chicago;
County Division, Room 1202, Richard J. Daley Center, Chicago;
Probate Division, Room 1202, Richard J. Daley Center, Chicago;
Child Support, 2nd Floor, 28 North Clark Street, Chicago;
Criminal Division, 26th Street and California Avenue, Chicago.
Domestic Violence Division, 555 West Harrison Street, Chicago; Municipal Districts 2, 3, 4, 5, and 6.
Filings for Law, Chancery, Domestic Relations, County and Probate Divisions will also be accepted by the civil filing clerks in the First Municipal District and the Suburban Municipal District offices of the Clerk of the Court. Additionally, filings for Law, Chancery, Domestic Relations, County and Probate Divisions will be accepted in any of the civil division Offices of the Clerk of the Court (Law, Chancery, Domestic Relations, County and Probate located in the Richard J. Daley Center, and Child Support located at 28 North Clark Street).
Initial filings for the Domestic Violence Division seeking emergency orders of protection, emergency civil no contact orders, and emergency stalking no contact orders shall be filed in the office of the Clerk where the case will be heard. Other filings for the Domestic Violence Division will also be accepted by the civil filing clerks in the First Municipal District, the Suburban Municipal District offices of the Clerk, and in any of the civil division Offices of the Clerk of the Court (Law, Chancery, Domestic Relations, County and Probate located in the Richard J. Daley Center, and Child Support located at 28 North Clark Street).
(b) Juvenile Justice and Child Protection Department
Juvenile Justice Division, 1100 South Hamilton Avenue, Chicago;
Child Protection Division, 1100 South Hamilton Avenue, Chicago.
(c) Municipal Department
District 1: Civil, Rooms 601 and 602, Richard J. Daley Center, Chicago; Traffic, Lower Level, Richard J. Daley Center, Chicago; Criminal, Room 1006, Richard J. Daley Center, Chicago;
District 2: Civil, Criminal and Traffic, 5600 Old Orchard Road, Skokie;
District 3: Civil, Criminal and Traffic, 2121 Euclid, Rolling Meadows;
District 4: Civil, Criminal and Traffic, 1500 Maybrook Drive, Maywood;
District 5: Civil, Criminal and Traffic, 10220 South 76th Avenue, Bridgeview;
District 6: Civil, Criminal and Traffic, 16501 South Kedzie Parkway, Markham.
Additionally, filings for the First Municipal District, Civil, will also be accepted by the civil filing clerks in any of the civil division Offices of the Clerk of the Court (Law, Chancery, Domestic Relations, County and Probate located in the Richard J. Daley Center, and Child Support located at 28 North Clark Street), as well as in any of the Suburban Municipal District Offices of the Clerk of the Court.
[Amended, effective April 19, 2010.]
The following units of the Circuit Court of Cook County shall function as follows:
(a) The Forensic Clinical Services Department - The Forensic Clinical Services Department provides diagnostic and clinical services for adults, juveniles and families referred by the Court. Diagnostic impressions, opinions and recommendations are formulated in written reports submitted to the Court and expert court testimony is provided as mandated.
(b) Social Services Department - The Social Services Department provides (1) social and counseling service to persons referred to it by the court, and (2) supervision of persons under supervision and conditional discharge by order of the Court.
(c) Office of the Public Guardian - The Office of the Public Guardian acts (1) as public guardian in cases in which the office is appointed as guardian pursuant to 755 ILCS 5/13-5, and (2) as attorney and guardian ad litem in cases in which the office is appointed by order of the Court in any division of the Circuit Court of Cook County.
(d) Hearing Officer Division - The Hearing Officer Division is appointed by this Court as the administrative body (1) to conduct hearings which shall determine the future status of the child pursuant to 42 U.S.C.A. 675 (1)(5)(c) and 705 ILCS 405/2-28, (2) to conduct predispositional conferences pursuant to 705 ILCS 405/2-21.1, and (3) to perform other duties as assigned by the Court.
[Amended, effective August 1, 1996.]
(a) Whenever there is a petition pending in the Child Protection Division and a case involving the same family is pending in any other division of the Court, the issues of visitation, custody, guardianship or abuse, neglect or dependency of the child who is the subject of the petition in the Child Protection Division shall be heard and resolved as follows: The judges involved shall confer as often as needed and jointly determine which court shall control and hear said issues as set forth above and shall consider the impact of such orders on siblings, relatives and parties in each case. Where a matter has been pending in a division other than the Child Protection Division, the Child Protection Division and the other involved judiciary will consider the impact, significance and consequences of the Child Protection Division proceeding on the prior pending matters when determining which court will proceed on such issues.
(b) Any judge, in any division, hearing a case involving a family who becomes aware that a petition involving a child of that family is pending in the Child Protection Division, may direct the Clerk of the Court to transmit a copy of all pleadings and orders that relate to the child to the judge hearing the case in the Child Protection Division.
[Amended, effective August 1, 1996.]
Cases in District One of the Municipal Department of the Circuit Court of Cook County shall be returned and assigned as directed by the Presiding Judge of that district.
Cases in Districts Two through Six of the Municipal Department of the Circuit Court of Cook County shall be returned and assigned as directed by the Presiding Judge of the district.
[Dated January 3, 1967.]
Each case filed in the Chancery Division of the Circuit Court of Cook County shall be assigned by the Clerk of the Circuit Court to a trial calendar using electronic data processing equipment. Such assignment shall be made by random electronic process as hereinafter provided.
[Amended, effective January 1, 1982.]
a. The Presiding Judge of the Chancery Division shall assign each judge of the Division to a trial calendar designated in numerical order beginning with the number one except judges assigned to the Mortgage Foreclosure/Mechanics Lien Section who shall be assigned calendar numbers beginning with the number 51.
b. No judge shall be reassigned a different trial calendar without the written approval of the Chief Judge.
[Amended, effective March 1, 2005.]
a. When the Complaint or other paper commencing an action in the Chancery Division is presented for filing the Clerk of the Court shall proceed in the below specified sequence:
(i) immediately date and time stamp the documents;
(ii) affix the next sequential case number to the papers as provided in General Order 6.2(a) of the Circuit Court of Cook County;
(iii) accept and record the filing fee;
(iv) enter the names of the parties, the case number and the category of the case into the electronic data processing equipment and by random electronic process, draw the number of the calendar to which the case is assigned from the appropriate category bank;
(v) the number of the calendar to which the case is assigned, the names of the parties, the case number and the category of the case shall appear on the cathode ray tube at the assignment counter and shall be printed on a three-part form;
(vi) separate the three-part, printed form provided by the equipment, place the top sheet in the file, give the second sheet to the attorney and retain the third sheet for delivery to the judge assigned to hear the case; and
(vii) place upon the pre-numbered file jacket and the first pleading filed the electronically assigned calendar number.
b. The case number, names of parties, category and calendar assignment shall be retained in the data memory banks of the electronic data processing equipment.
c. Corrections in data entries
(i) Corrections in data entries may be made by the person assigned by the Clerk to operate Chancery Division assignment terminal only after the following procedures have been complied with:
(a) the operator shall fill out the printed form giving the incorrect and proposed correct entry,
(b) the operator shall sign the form,
(c) the supervisor of the Chancery Division section of the clerk's office shall certify that the incorrect and proposed correct information is proper.
(ii) The corrected entry may then be made.
(iii) All completed corrections forms shall be delivered to the Management Committee.
(iv) All information regarding a correction including the incorrect and correct entries shall be retained in the data memory banks of the electronic data processing equipment.
[Amended, effective June 2, 1980.]
a. All cases shall be entitled as provided in General Order 3.5 of the Circuit Court of Cook County.
b. Eight separate random assignment banks designated by the following categories of cases shall be provided by the electronic data processing equipment operated by the Clerk:
(1) Class Actions
(2) Declaratory Judgment
(3) Injunctions/Temporary Restraining Orders
(4) Administrative Review
(5) Change of Name
(6) General Chancery
(7) Mechanics Lien
(8) Mortgage Foreclosures
c. In the General Chancery Section each numbered calendar shall appear in category banks one through six above an equal number of times except for the calendar number assigned to the Presiding Judge of the Division which shall appear in such lesser proportions as the Presiding Judge of the Division shall designate.
d. In the Mortgage Foreclosure/Mechanics Lien Section, Calendars 52, 53, and 54 shall appear an equal number of times in the Mechanics Lien category bank and shall each be assigned randomly thirty-three and a third percent (33 1/3%) of twenty-five percent (25%) of the filings in the Mortgage Foreclosure category bank. Calendars 55, 56, 57, and 58 shall each be assigned randomly twenty percent (20%) of the filings in the Mortgage Foreclosure category bank.
[Amended April 17, 2006, effective May 1, 2006.]
a. Whenever a judge assigned to the Chancery Division, either on his own motion or upon motion of the parties, grants a change of venue, the case shall be reassigned to the Presiding Judge of the Division who shall order the Clerk to draw by random electronic process from the category bank designated on the original pleading a new calendar number.
(i) The electronic data processing equipment shall automatically exclude the calendar number of any judge to whom the case has previously been assigned.
(ii) Procedures followed by the Clerk when an order for a change of venue is made shall be the same as prescribed in 1.3 a (iv), a (v), a (vi), a (vii), b and c above.
(iii) The excluded calendar or calendars shall appear on the three-part printed form in addition to the information provided in 1.3 a (v) above.
[Amended, effective June 2, 1980.]
a. The Presiding Judge of the Chancery Division shall designate another judge of the Division to hear matters in the absence of the regularly assigned judge.
[Amended, effective June 2, 1980.]
a. A motion to consolidate cases pending in the Chancery Division shall be heard by the Presiding Judge of the Division.
(i) Cases consolidated pursuant to subparagraph (a) above shall be assigned to the calendar to which the case with the lowest docket number was assigned.
b. A motion to consolidate a case pending in the Chancery Division with a case pending in any other Division or District of the Circuit Court of Cook County shall be heard pursuant to General Order 12 of the Circuit Court of Cook County.
[Amended, effective June 2, 1980.]
a. When an action is transferred to the Presiding Judge of the Chancery Division pursuant to General Order 1-3 of the Circuit Court of Cook County, the Presiding Judge shall order the Clerk to draw from the appropriate category bank a number of a calendar to which the transferred case shall be electronically assigned.
[Amended, effective June 2, 1980.]
a. At any time when the electronic data processing equipment operated by the Clerk is not in operation emergency matters shall be heard by a judge designated by the Presiding Judge to hear those matters.
b. Cases heard by any judge designated to hear emergency matters shall be electronically assigned to a calendar the next business day as provided in Section 1.3 above.
[Amended, effective June 2, 1980.]
a. A Management Committee is hereby established for the Chancery Division of the Circuit Court of Cook County
(i) The Committee shall be composed of the Chief Judge or his designee, the Presiding Judge of the Division and two other Chancery Division judges appointed by the Chief Judge. The Committee shall meet bimonthly or more frequently as necessary.
(ii) It shall be the duty of the Management Committee to :
(a) review the operation of the Random Assignment System,
(b) from time to time review audits conducted by the Clerk,
(c) recommend to the Chief Judge changes in the operation of the Random Assignment System, in the General Order establishing such system and in the audit procedures established by the Clerk, and
(d) perform such other duties as the Chief Judge shall assign.
(iii) (a) The Management Committee may direct the Clerk to discontinue the assignment of cases to any numbered calendar of the Chancery Division when the judge assigned to that calendar requests in writing that no additional cases be assigned to his calendar, stating the reason therefor.
(b) A statement of the Committee's action allowing or denying the request together with the reasons therefor shall be delivered to the Chief Judge.
(c) Any order discontinuing the assignment of cases to a particular calendar shall be reviewed by the Management Committee every 30 days. If such order is extended after review, a written report stating the reason for such action shall be delivered to the Chief Judge.
(iv) If the Management Committee determines that a case was dismissed or abandoned and a subsequent case has been filed involving the same or similar parties and relating to the same subject matter, the second case or any such succeeding cases may be reassigned to the calendar to which the first case filed was assigned.
b. The Clerk of the Circuit Court of Cook County shall establish procedures to audit the assignment of cases by the Random Assignment System established herein.
[Amended, effective June 2, 1980.]
(a) Any complaint for injunction filed pursuant to Section 155-7.2 of the Municipal Code of Chicago, or similar provision of an Ordinance of any other municipality, shall be placed at the head of the call of the Chancery Division and shall be given priority over all other causes.
(b) The court shall set the cause for hearing within five days after the Complaint has been filed. The hearing shall not be recessed or continued, other than from the close of one court day to the opening of the next court day, unless upon request of the defendant.
(c) The Court shall render its judgment within three days after the conclusion of the hearing.
[Amended, effective April 4, 1968.]
In foreclosure suits a separate action shall be filed for each parcel of Real Estate involved except where one mortgage is covered by several parcels.
[Amended, effective October 8, 1965.]
Every complaint or other paper commencing an action in the Chancery Division shall designate in the caption below the words "In Chancery" the following depending upon the relief sought:
a. If the case is to be maintained as a Class Action the words "Class Action" shall appear regardless of any other relief sought.
b. If the Complaint seeks injunctive relief, the words "Injunction/Temporary Restraining Order" shall appear regardless of any other relief sought except as provided in subsection (a) above.
c. If the Complaint seeks the foreclosure of a mortgage, the words "Mortgage Foreclosure" shall appear except as provided in subsections (a) and (b) above.
d. If the Complaint seeks a change of name, it shall bear the words "Change of Name" except as provided in subsections (a), (b) and (c) above.
e. If the Complaint seeks a review of the decision of an administrative body or agency, the words "Administrative Review" shall appear except as provided in subsections (a), (b), (c) and (d) above.
f. If the Complaint seeks a declaratory judgment, the words "Declaratory Judgment" shall appear except as provided in subsections (a), (b), (c), (d) and (e) above.
g. If the Complaint seeks to foreclose a Mechanic's Lien, it shall bear the words "Mechanic's Lien" except as provided in subsections (a), (b), (c), (d), (e) and (f) above.
h. All other actions not specified in subsections (a-g) above shall have the word "General" below the words "In Chancery."
[Amended, effective September 4, 1984.]
(a) In any action filed in the Circuit Court of Cook County seeking liquidation, dissolution or other statutory relief under any statute of this state where a liquidator, receiver or other similar officer has been appointed by and is acting under the authority of any executive or administrative official of this state, the liquidator, receiver or other such officer shall file with this court a quarterly statement of the condition of the estate being administered setting forth the assets and liabilities thereof at the close of each quarter of its fiscal year and a statement of operations for said quarter of its fiscal year.
(b) In any such action pending in the Circuit Court of Cook County on the date of this order, the liquidator, receiver or other such officer shall file within 60 days of this date quarterly statements as aforesaid covering each fiscal quarter since the filing of the action, and thereafter for each subsequent quarter of its fiscal year.
(c) Each report shall be filed on a detailed form authorized by the state official having jurisdiction of said liquidator, receiver or other such officer.
(d) Copies of said quarterly reports shall be served upon each counsel of record who has filed an appearance in the proceeding on behalf of any party named in the Complaint or on behalf of any party added thereafter by order of court.
[Amended, effective April 22, 1968.]
A motion to correct errors in criminal and quasi-criminal cases shall be in writing, accompanied by affidavit, entitled in the action in which the error complained of is alleged to have occurred, filed with the Clerk of the Court and memorandum thereof entered in the original action. A notice of the motion shall be served upon the attorney for the prosecution in the original action and be returnable before the Presiding Judge or his designate of the Division or District in which the original action was tried for assignment.
[Dated January 2, 1964.]
The hours of the Circuit Court of Cook County shall be as follows:
Court shall be convened on each working day except Saturday at the hour of 9:30 o'clock a.m., unless otherwise ordered by the Presiding Judge of the Division, or with the consent of the Presiding Judge of the Division by the Judge or Associate Judge to whom the action is assigned for hearing or trial.
[Dated June 3, 1975.]
a) New Actions - Every complaint or other paper initiating any action or proceeding shall contain in the caption the words "IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS" and the name of the Department and Division or District of the Court in which the action is filed. Complaints in actions on Small Claims within the provisions of Rules 281 through 288 of the Rules of the Supreme Court of Illinois shall be endorsed with the words "Small Claims" beneath the caption. Captions of papers subsequent to the complaint shall conform to the style of the complaint. Misdesignation or errors in captions shall not affect the power of the court or constitute grounds for dismissal. Blank forms supplied by the Court containing captions formerly used in the several courts in and for Cook County may be used, regardless of caption, for so long as the Clerk of Court shall determine.
[Dated January 3, 1967.]
(b) Pending Actions - In actions pending on December 31, 1963 A.D., pleadings, motions, orders, court forms and other papers filed on and after January 1, 1964 A.D., should be captioned as provided in section (a) of this order, but shall be valid if entitled in the name of the court in which the action was filed prior to January 1, 1964 A.D.
[Dated January 1, 1964.]
(a) New Actions- Every action, upon the filing of the complaint or other paper initiating the action or proceeding, shall be numbered in annual series with the number of the action preceded by the last two figures of the current year and by the abbreviation of the Division or District in which the action is filed, and the Record Series where implemented by the Clerk of the Circuit Court, in the following form:
County Department
Chancery Division 15-CH-12345
County Division
Abandoned Baby 15-COAD-123456
Action in Debt 15-COAC-123456
Annual Tax Sale 15-COMS-123456
Certificate of Error 15-COCE-123456
Civil Asset Forfeiture 15-COFO-123456
Confidential Intermediary 15-COCI-123456
Drainage District 15-COMS-123456
Estate Tax 15-COET-123456
Expunge Redemption 15-COTD-123456
Father Identification 15-COFI-123456
Gestational Surrogacy 15-COMS-123456
Habeas Corpus 15-COMS-123456
Inheritance Tax 15-COIT-123456
Mechanic Lien 15-COMS-123456
Mental Health 15-COMH-123456
Minor Marriage 15-COMS-123456
Name Change 15-CONC-123456
Parental Notification 15-COPN-123456
Property Tax Appeal Board 15-COPT-123456
Real Estate Tax Refund 15-COTR-123456
Relief After Tax Purchase 15-COMS-123456
Request for Records 15-COMH-123456
School Dispute 15-COMS-123456
Special Assessments 15-COSA-123456
Tax Deed 15-COTD-123456
Tax Objection 15-COTO-123456
Termination of Parental Rights 15-COAD-123456
Treatment (Mental Health) 15-COMH-123456
Treatment Contagious Disease 15-COMS-123456/15-COPH-123456
Unpaid Tax Bid 15-COMS-123456
Vacate Tax Sale 15-COVT-123456
Criminal Division
Contempt of Court 15-ACC-123456
Habeas Corpus 15-HCC-123456
Miscellaneous Remedies 15-MR-1234567
Search Warrant (pre-charge) 15-9-12345
Domestic Relations Division 15-D-123456
Domestic Violence Division
Elder Law and Miscellaneous Remedies Division (civil actions) 15-EL-123456
Law Division 15-L-123456
Probate Division 15-P-123456
Juvenile Justice and Child Protection Department
Child Protection Division 15-JA-12345
Juvenile Justice Division 15-JD-12345
Municipal Department
District 1
Complaint (Misdemeanor or Felony) 15-MC1-123456
Fugitive (Interstate only) Warrant or Complaint 15-MC1-123456
District 2
Complaint (Misdemeanor or Felony) 15-MC2-123456
Fugitive (Interstate only) Warrant or Complaint 15-MC2-123456
Information (Felony) 15-C2-1234567
District 3
Complaint (Misdemeanor or Felony) 15-MC3-123456
Fugitive (Interstate only) Warrant or Complaint 15-MC3-123456
Information (Felony) 15-C3-1234567
District 4
Complaint (Misdemeanor or Felony) 15-MC4-123456
Fugitive (Interstate only) Warrant or Complaint 15-MC4-123456
Information (Felony) 15-C4-1234567
District 5
Complaint (Misdemeanor or Felony) 15-MC5-123456
Fugitive (Interstate only) Warrant or Complaint 15-MC5-123456
Information (Felony) 15-C5-1234567
District 6
Complaint (Misdemeanor or Felony) 15-MC6-123456
Fugitive (Interstate only) Warrant or Complaint 15-MC6-123456
Information (Felony) 15-C6-1234567
Any changes conforming to the numbering system set forth in this General Order 6.2 (a) implemented prior to November 2, 2015, are hereby approved.
(b) Pending Actions – Each action pending on December 31, 1963, in any given court in or for Cook County shall retain the number given in the court in which the action was filed prior to Jan. 1, 1964, and pleadings, orders, judgments and other papers subsequently filed shall bear the number so given. Unless expressly provided otherwise in the circuit rules or the general orders of this court, each action pending in the court on November 2, 2015, shall retain the number it had on that date, and pleadings, orders, and other papers subsequently filed shall bear the same number.
(c) Remanded Actions – Every action remanded by the Appellate Court or the Supreme Court for a new trial or hearing, upon reinstatement, shall retain the same case number, unless otherwise ordered by the Presiding Judge, or the Presiding Judge's designee, of the Division or District in which the case is pending to be renumbered by the circuit clerk. The case shall be set for hearing or trial on teh motion of either party or the court.
[Amended, effective November 2, 2015.]
In all cases filed in the Circuit Court of Cook County wherein an attorney files his appearance for any party on behalf of an insurance company or companies pursuant to a contract of insurance or subrogation between said insurance company or companies and any party, the attorney shall state the name of the insurance company or companies on whose behalf he has filed.
[Dated December 31, 1965.]
[Rescinded, effective April 3, 1987.]
The following schedule is established for fines and appearances in actions for traffic violations in the Municipal Department of the Circuit Court of Cook County, pursuant to the authority conferred in Circuit Court Rule 11.2.
1 - District 1, Municipal Department
(a) Parking Tickets - Minimum Fines:
$10.00 - Parking meter violation 27-329.
$15.00 - 27-308A and other parking violations not listed for $10.00, $25.00, $50.00 or $100.00.
$25.00 - Violations as follows:
27-308D 27-311-10 27-311-19
27-311-1 27-311-11 27-316
27-311-2 27-311-12 27-318
27-311-3 27-311-13 27-320
27-311-4 27-311-14 27-321
27-311-5 27-311-15 27-322
27-311-6 27-311-16 27-326
27-311-8 27-311-17 27-353
27-311-9 27-311-18 27-372
[Dated, effective December 1, 1985.]
The following schedule is established for fines and appearances in actions for traffic violations in the Municipal Department of the Circuit Court of Cook County, pursuant to the authority conferred in Circuit Court Rule 11.2.
1 - District 1, Municipal Department
(a) Parking Tickets - Minimum Fines:
$10.00 - Parking meter violation 27-329.
$15.00 - 27-308A and other parking violations not listed for $10.00, $25.00, $50.00 or $100.00.
$25.00 - Violations as follows:
27-308D 27-311-10 27-311-19
27-311-1 27-311-11 27-316
27-311-2 27-311-12 27-318
27-311-3 27-311-13 27-320
27-311-4 27-311-14 27-321
27-311-5 27-311-15 27-322
27-311-6 27-311-16 27-326
27-311-8 27-311-17 27-353
27-311-9 27-311-18 27-372
[Dated, effective December 1, 1985.]
As authorized by the Chief Judge pursuant to Supreme Court Rule 553, the following persons may release on bail any persons arrested or charged with violations where bail has been preset under Supreme Court Rules 526, 527 and 528 (Ill.Rev.Stat. 1989, ch. 110A, pars. 526, 527 and 528) and may be released from custody on cash bail or Individual Recognizance in the amount required by that article:
(a) Any General Superintendent, Chief, Captain, Lieutenant, Sergeant of Police or Watch Commander.
(b) The Sheriff of Cook County, Watch Commander, any Deputy Sheriff designated by said Sheriff.
(c) The Clerk of the Circuit Court of Cook County and his/her deputy clerks
(d) The District Commander of the Illinois Department of Conservation and his designated officers.
(e) Any Police Officer or Watch Commander designated by the Commanding Officer of a Police Department of any village, city, town or other municipality.
Bail may be posted or accepted in any police station, sheriff's office, jail, or other County, Municipal or other building housing governmental units, or a division headquarters building of the Illinois Highway Police.
All persons arrested within the Central Police District of the City of Chicago and not let to bail (excepting those persons arrested on warrants) shall be brought without undue delay before a Judge regularly assigned to Bond Court for the purpose of setting bail.
Pursuant to the provisions of Illinois Supreme Court Rule 553, the Watch Commander at any Police Department or law enforcement agency of any unit of local, county or state government in Cook County, Illinois, is authorized by the Chief Judge to release accused persons upon individual bond in conformance with that Rule. Where all offenses are conservation and traffic offenses, law enforcement officers of the Illinois Department of Conservation, as authorized by their District Commander, may release in the field upon individual bond by the accused's signing of the citation and complaint.
The officials listed in 8-1(a) and 8-4 are not authorized to let to Individual Bond any person who, pursuant to Supreme Court Rule 553(d), is unwilling to establish his identity or submit to being fingerprinted as required by law, or elects release under separate bail under Supreme Court Rule 503(a)(3).
[Amended, effective November 5, 1990.]
Weekend and holiday sessions of District One of the Municipal Department of the Circuit Court of Cook County shall be held for criminal and quasi-criminal actions as directed by the Presiding Judge of that district.
Weekend and holiday sessions of Districts Two through Six of the Municipal Department of the Circuit Court of Cook County shall be held for criminal and quasi-criminal actions as directed by the Presiding Judge of the district.
[Dated January 3, 1967.]
The Presiding Judge of each Division or District of the Circuit Court of Cook County may assign to Associate Judges within his Division or District, severally or by designation of office, by class or category of case, or in specific instances, any matter except the trial of criminal cases in which the defendant is charged with an offense punishable by imprisonment for more than one (1) year, unless such Associate Judge is authorized by the Illinois Supreme Court to hear felony trials.
[Amended, effective January 7, 1982.]
The presiding judge of the Criminal Division, County Department, is hereby authorized to transfer to any judge previously assigned to the Criminal Division, County Department, or to the former Criminal Court of Cook County any matter previously assigned to him for the purpose of (1) terminating such matter; and (2) hearing all post-trial motions and proceedings concerning such matter.
[Dated January 2, 1964.]
The Assignment Judge of the Law Division, County Department, hears motions for the consolidation of actions pending in:
(a) Different Departments of the Court;
(b) Different Divisions of the County Department; and
(c) The Law Division.
The Motion Judge of District 1 of the Municipal Department hears motions for the consolidation of actions pending in different Districts of the Municipal Department or within District 1.
The Presiding Judge of the Division or of Districts 2, 3, 4, 5, or 6 hears motions for the consolidation of actions pending in a single Division or District.
[Dated February 1, 1964.]
The Presiding Judge of each Division of the County Department and each District of the Municipal Department of the Circuit Court of Cook County is authorized to transfer to any judge previously assigned to said Division or District any matter previously assigned to that judge for the purpose of:
(1) terminating such matter; and
(2) hearing all post-trial motions and proceedings concerning such matter.
[Dated October 20, 1964.]
The Probate Division of the County Department shall hear matters according to the following schedule:
(a) Motions of Court-Daily:
(i) 10:00 a.m.-Motions not requiring notice.
(ii) 10:45 a.m.-Motions requiring notice.
(b) Set Matters-Daily:
(i) Before Presiding Judge-11:30 a.m. and 2:00 p.m.
(ii) Before Associate Judges and Magistrates-10:00 a.m and 2:00 p.m.
(c) Citations Returnable-Daily at 11:15 a.m.
(d) Claim Calendar-4th Monday of each month at 11:15 a.m.
(e) Hearings on Minors' Settlements-Monday, Tuesday and Thursday at 2:15 p.m.
(f) Hearings on all other matters-Daily at 10:00 a.m. and 2:00 p.m.
[Dated December 28, 1966.]
The clerk shall maintain records listing (1) authorized surety companies and their powers of attorney and (2) data pertaining to the appointment and qualification of the public administrator, public guardian and public conservator.
[Dated October 18,1972.]
The clerk shall publish the call of calendars in the Chicago Daily Law Bulletin in an issue published not later than the day before the calendar is called.
[Dated December 28, 1966.]
The testimony recorded at the hearing on the admission of a will to probate shall be reduced to writing, certified by the hearing judge, and filed.
[Dated December 28, 1966.]
The Municipal Department is divided into six districts:
(a) Districts
[Amended April 21, 2011, effective May 2, 2011.]
(1) District 1: The City of Chicago;
(2) District 2: The Townships of Evanston, Maine, excluding that part of the Township of Maine within the territorial limits of the municipality of Rosemont, New Trier, Niles, Northfield, excluding that part of the Township of Northfield within the territorial limits of the municipality of Prospect Heights, and that part of the Township of Wheeling within the territorial limits of the municipality of Des Plaines;
(3) District 3: The Townships of Barrington, Elk Grove, Hanover, Palatine and Schaumburg, that part of the Township of Leyden within the territorial limits of the municipalities of Rosemont and Schiller Park, that part of the Township of Maine within the territorial limits of the municipality of Rosemont, that part of the Township of Northfield within the territorial limits of the municipality of Prospect Heights, Wheeling, excluding that part of the Township of Wheeling within the territorial limits of the municipality of Des Plaines, Norwood Park, excluding that part of the Township of Norwood Park within the territorial limits of the City of Chicago;
(4) District 4: The Townships of Berwyn, Cicero, Leyden, excluding that part lying within the territorial limits of the municipalities of Rosemont and Schiller Park, Oak Park, Proviso, River Forest, and Riverside;
(5) District 5: The Townships of Lemont, Lyons, Orland, Palos, Stickney, and Worth;
(6) District 6: The Townships of Bloom, Bremen, Calumet, Rich, and Thornton;
(7) Notwithstanding the above, the municipalities of Crestwood and Oak Forest and the part of the Village of Tinley Park that is within the territorial limits of Cook County are in District 5.
(8) Notwithstanding the above, the territorial limits of the municipality of Bensenville which is within the territorial limits of Cook County is in District 4.
(b) Civil Actions Heard
- (1) Municipal District One hears civil actions and proceedings at law seeking compensatory and consequential money damages not in excess of $ 30,000, actions for the recovery of property of a value not in excess of $ 30,000, actions of forcible entry and detainer, and proceedings ancillary and supplemental thereto, including attachment, garnishment, distress and citation.
- (2) Municipal Districts Two, Three, Four, Five and Six hear civil actions and proceedings at law seeking compensatory and consequential money damages not in excess of $100,000, actions for the recovery of property of a value not in excess of $100,000, actions of forcible entry and detainer, and proceedings ancillary and supplemental thereto, including attachment, garnishment, distress and citation; emergency petitions for involuntary admission on an inpatient basis under the Mental Health and Developmental Disabilities Code, 405 ILCS 5/3-701 , et seq. [amended March 10, 2022, effective immediately]
- (3) Upon amendment prior to trial of a complaint ordinally filed as a Municipal Department case, the amendment reflecting an increase in the ad damnum above the monetary damage amount set forth in section 2.1 (a)(1) above, for reassignment purposes, the court, upon its own motion or upon motion of a party filed not later than 28 days after amendment of the complaint, shall transfer the action to the Presiding Judge of the respective Municipal District for reassignment to the Presiding Judge of the Law Division.
- (4) Upon the court’s own motion or motion of any party where the court finds that the reasonable value of an action pending in the Municipal Department exceeds the monetary damage amount set forth in section 2.1 (a)(1) above, the court shall transfer the action to the Presiding Judge of the respective Municipal District for transfer to the Presiding Judge of the Law Division. The Presiding Judge of the Law Division shall hold a status hearing at which the parties may agree to allow the action to proceed as a Law Division action in the appropriate Municipal District courthouse location. If there is no agreement, the action shall proceed in the Law Division in the Richard J. Daley Center location.
- (5) In actions filed seeking damages in the Municipal Department the complaint shall allege the amount of damages sought wherever applicable as follows:
(i) The amount sought to be recovered does not exceed $ 2,500;
(ii) The amount sought to be recovered is not less than $ 2,500 nor more than $ 30,000 for actions filed in Municipal District One nor more than $ 50,000 for actions filed in Municipal District Two, Three, Four, Five or Six. Pursuant to Illinois Supreme Court Rule 222 , any such action shall have attached to the initial pleading the party’s affidavit that the total money damages sought does not exceed $ 50,000;
(iii) The amount sought to be recovered is not less than $ 50,000 nor more than $ 100,000 for actions filed in Municipal Districts Two, Three, Four, Five or Six. Pursuant to Supreme Court Rule 222, any such action shall have attached to the initial pleading the party’s affidavit that the total money damages sought exceeds $ 50,000. - (6) The Municipal Department also hears actions and proceedings filed by municipal corporations seeking certain relief, including injunctive relief, except proceedings in which the validity of a zoning ordinance is in controversy. Those actions heard in the Municipal Department include:
(i) The enforcement of building, housing and zoning ordinances;
(ii) The appointment of receivers in said cases to cause compliance with the said ordinances;
(iii) The demolition of dangerous, unsafe and uncompleted buildings. - (7) The Municipal Department hears actions commenced to create receiverships under 765 ILCS 735/2 .
- (8) The Municipal Department hears civil actions brought by the Illinois Attorney General, under the Public Aid Code ( 305 ILCS 5/1-1 et seq.), to recover money in any amount given public aid recipients to which they were not entitled.
- (9) The Municipal Department hears actions of Administrative Review under 625 ILCS 5/11-208.3 , (administrative adjudication of violations of traffic regulations concerning the standing or parking of vehicles), as well as Administrative Review of vehicle impoundment hearings under ordinances 8-8-060 and 8-20-015 of the Municipal Code of Chicago (1993).
- (10) The Municipal Department hears actions brought under the Controlled Substance and Cannabis Nuisance Act ( 740 ILCS 40/1 et seq.).
- (11) Petitions for changes of name may be heard in Municipal Districts Two, Three, Four, Five and Six without regard to the municipal district within which petitioner resides. (Petitions for changes of name also may be heard in the Chancery Division without regard to the municipal district in which petitioner resides.)
- (12) The Municipal District in which the municipality is located hears actions for administrative review of final decisions regarding municipal code violations made by code hearing units or departments established by such municipality pursuant to 65 ILCS 5/1-2.1-1, et seq. (applicable to municipalities that are home rule units) or 65 ILCS 5/1-2.2-1, et seq. (applicable to municipalities that are non-home rule units) and hears actions filed by municipalities pursuant to 65 ILCS 5/1-2.1-8 or 65 ILCS 5/1-2.2-55 for the enforcement of judgments and judgments on the findings, decision and order, respectively.
(c) Presiding Judges
The Presiding Judges of those Municipal Districts in which actions of other division(s) are filed and heard shall be deemed supervising judges in such other division(s) for the purpose of facilitating case flow management.
(d) Place of Filing — Civil Proceedings
Civil Actions in the Municipal Department are filed in:
(1) The district of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against the defendant and not solely for the purpose of permitting a filing in that district, or;
(2) The district in which the transaction or some part thereof occurred out of which the cause of action arose. Actions of attachment, distress for rent, forcible entry and detainer, and for the recovery of property may be filed in the district where the property is located.
(3) Actions seeking relief enumerated in Section 2.3 (b)(6) above shall be filed in the district where the municipal corporation seeking the relief is situated. Notwithstanding the provisions of this subparagraph, all actions filed by the County of Cook seeking relief as stated herein shall be filed in Municipal District 1.
The following definitions shall apply to the foregoing Section 2.3:
(i) Any private corporation or railroad or bridge company organized under the laws of this State and any foreign corporation authorized to transact business in this State is a resident of any district in which it has its registered office or other office. If there is no registered office or other office in Cook County, the corporation or company is deemed to be a resident of any district in which it is transacting business.
(ii) A partnership sued in its firm name is a resident of any district in which any partner resides or in which the partnership has an office or is doing business.
(e) Criminal Actions Heard
The Municipal Department hears criminal and quasi-criminal actions and prosecutions commenced by complaint or information except for those matters heard in the Domestic Violence Division.
(f) Place of Filing — Criminal Proceedings
(1) District 1. All criminal or quasi-criminal cases shall be filed as prescribed by the Presiding Judge of District 1.
(2) Districts 2 through 6. Complaints for examination in all felony cases shall be filed in the Central District Court in the appropriate district. All other criminal or quasi-criminal cases shall be filed whenever practicable in that court in the appropriate district which is nearest to the location of the offense or in the Central District Court in the appropriate district.
(3) Notwithstanding the provisions of subparagraphs (1) and (2), complaints in all criminal and quasi-criminal cases initiated by the State of Illinois Legislative Advisory Committee on Public Aid shall be filed in the Sixth Municipal District of the Circuit Court of Cook County.
The Presiding Judge of the Domestic Relations Division of the Circuit Court of Cook County shall have general administrative supervision of the Domestic Relations Division including the marriage and family counseling service.
[Dated October 24, 1986.]
The personnel of Family Mediation Services shall perform non-judicial duties assigned to them by the presiding judge of the Domestic Relations Division.
[Dated April 28, 2014.]
Each case filed in the Domestic Relations Division of the Circuit Court of Cook County shall be assigned by the Clerk of the Circuit Court to a calendar by random electronic process as hereinafter provided.
a. The Presiding Judge of the Domestic Relations Division shall assign each judge of the Division to a team and to a calendar within each team.
(i) Each Preliminary Judge shall be assigned to a lettered calendar.
(ii) Each Trial Judge shall be assigned to a numbered calendar.
b. No judge shall be reassigned except by written order of the Presiding Judge memorializing the reasons therefor.
a. When the complaint or other paper commencing an action in the Domestic Relations Division is presented for filing, the Clerk of the Court shall proceed in the below specified sequence:
(i) Immediately date and time stamp the documents;
(ii) Affix the next sequential case number to the papers as provided in General Order 6.2(a) of the Circuit Court of Cook County;
(iii) Accept and record the filing fee;
(iv) Enter the names of the parties and the case number into the electronic data processing equipment and by random electronic process, draw the letter of the calendar to which the case is assigned from the appropriate preliminary calendar data bank;
(v) The letter or number of the calendar to which the case is assigned, the names of the parties and the case number shall appear on the cathode ray tube at the assignment counter and shall be printed on a three-part form;
(vi) Separate the three-part, printed form provided by the equipment, place the top sheet in the file, give the second sheet to the attorney and retain the third sheet for delivery to the judge assigned to hear the case; and
(vii) Place upon the prenumbered file jacket and the first pleading filed the electronically assigned calendar letter or number.
b. The case number, names of parties, and calendar assignment shall be retained in the data memory banks of the electronic data processing equipment.
c. Corrections in data entries.
(i) Corrections in data entries may be made by the person assigned by the Clerk to operate Domestic Relations Division assignment terminal only after the following procedures have been complied with:
(a) the operator shall fill out the printed form giving the incorrect and proposed correct entry,
(b) the operator shall sign the form,
(c) the supervisor of the Domestic Relations Division section of the clerk's office shall certify that the incorrect and proposed correct information is proper.
(ii) The corrected entry may then be made.
(iii) All completed correction forms shall be delivered to the Presiding Judge.
(iv) All information regarding a correction including the incorrect and correct entries shall be retained in the data memory banks of the electronic data processing equipment.
a. Whenever a preliminary judge assigned to the Domestic Relations Division, either on his own motion or upon motion of the parties, grants a change of venue, the case shall be reassigned to the Presiding Judge of the Division, or his designate, who shall order the Clerk to draw by random electronic process from the appropriate preliminary bank a new calendar letter.
(i) The electronic data processing equipment shall automatically exclude the calendar number or letter of any judge to whom the case has previously been assigned.
(ii) The excluded calendar or calendars shall appear on the three-part printed form in addition to the information provided in 3.2 a (v) above.
[Dated, effective July 1, 1988.]
a. The Presiding Judge of the Domestic Relations Division shall designate another judge of the Division to hear matters in the absence of the regularly assigned judge.
[Dated October 24, 1986.]
a. A motion to consolidate cases pending in the Domestic Relations Division shall be heard by the Presiding Judge of the Division or his designate.
(i) Cases consolidated pursuant to subparagraph (a) above shall be assigned to the calendar to which the case with the lowest docket number was assigned.
b. A motion to consolidate a case pending in the Domestic Relations Division with a case pending in any other Division or District of the Circuit Court of Cook County shall be heard pursuant to General Order 12 of the Circuit Court of Cook County.
[Dated, effective July 1, 1988.]
a. When an action is transferred to the Presiding Judge of the Domestic Relations Division pursuant to General Order 1-3 of the Circuit Court of Cook County, the Presiding Judge, or his designate, shall order the Clerk to draw from the appropriate category bank a letter of a calendar to which the transferred case shall be electronically assigned.
[Dated, effective July 1, 1988.]
a. At any time when the electronic data processing equipment operated by the Clerk is not in operation, emergency matters shall be heard by a judge selected by the Presiding Judge, or his designate, to hear those matters.
[Dated, effective October 24, 1986.]
b. Cases heard by any judge designated to hear emergency matters shall be electronically assigned to a calendar the next business day as provided in Section 3.2 above.
[Dated, effective July 1, 1988.]
a. Judges assigned suburban Domestic Relations calendars are designated Individual Calendar Judges and shall hear all aspects of cases assigned to them, including pre-judgment, trial, and post-judgment matters. Court support services authorized by Circuit Court Rule, including, but not limited to psychiatric evaluations, mediation and parenting education, shall be provided as directed by the judge.
b. Domestic Relations Divisions actions may be filed in and transferred to suburban municipal district court locations as designated by the Chief Judge as follows:
(i) Original Domestic Relations cases may be filed at the designated suburban municipal district court locations if at least one of the parties resides within the geographical boundaries of the respective suburban district. Cases so filed shall receive a suburban "D" case number designating the courthouse location by the municipal district number.
(ii) Default prove-ups pending on calendars in the Richard J. Daley Center in which at least one of the parties resides within the geographical boundaries of the suburban district, may be transferred to such suburban municipal district court location for hearing upon motion by the petitioner.
(iii) Uncontested causes pending on calendars in the Richard J. Daley Center in which at least one of the parties resides with the geographical boundaries of the suburban district, may be transferred to such suburban municipal district court location for hearing upon agreement of both parties.
(iv) Contested pre-judgment matters pending on calendars in the Richard J. Daley Center in which both parties reside within the geographical boundaries of the suburban municipal district, may be transferred to such suburban municipal district court location upon agreement of both parties and a finding of good cause by the Presiding Judge of the Domestic Relations Division.
(v) Where judgment in a case is entered in the Richard J. Daley Center, post-judgment matters may be transferred to the suburban municipal district court location in which both parties reside, upon agreement by the parties and a finding of good cause by the Presiding Judge of the Domestic Relations Division.
c. Domestic Relations Division actions may be transferred from suburban municipal district court locations to the Richard J. Daley Center location as follows:
(i) Pre-judgment matters: Removal of a pre-judgment case filed within a suburban municipal district shall occur when the Respondent files his/her first appearance together with a District Transfer Form, pursuant to Domestic Relations General Order 98-D-2. Cases removed from the suburban municipal district pursuant to this paragraph shall be transferred to the Presiding Judge of the Domestic Relations Division for assignment within the Domestic Relations Division in the Richard J. Daley Center. Such a transfer shall not be deemed an exercise of statutory rights for "Substitution of Judge." The provisions of this paragraph shall not apply to independent petitions for civil orders of protection arising under the Illinois Domestic Violence Act. If a petition for an order of protection is filed in conjunction with another Domestic Relations proceeding, the provisions of this paragraph shall not apply unless the District Transfer Form, objecting to location, is filed more than 48 hours prior to the date set for hearing and the petitioner or petitioner's attorney is notified thereof, consistent with existing court rules.
(ii) Post-judgment matters: Post-judgment matters will remain in the suburban municipal district court location in which judgment was entered unless objected to by one or both of the parties. If neither party resides in the suburban municipal district at the time of filing of the post-judgment matter, either party may have the matter removed from the suburban location upon a finding of good cause by the Presiding Judge of the Domestic Relations Division. Cases removed from suburban calendars pursuant to this paragraph shall be transferred to the Presiding Judge of the Domestic Relations Division for reassignment within the Domestic Relations Division in the Richard J. Daley Center. Such a transfer shall not be deemed an exercise of statutory rights for "Substitution of Judge". The provisions of this paragraph shall not apply to independent petitions for civil orders of protection arising under the Illinois Domestic Violence Act.
d. Initial and subsequent pleadings for cases pending in the Richard J. Daley Center may be filed in the Office of the Clerk of the Court in any of the suburban municipal districts and will be transmitted by the Clerk to the Richard J. Daley Center. Initial and subsequent pleading for cases pending on a suburban district calendar shall be filed in the Office of the Clerk of the Court in the suburban municipal district where the case is pending or in the Office of the Clerk of the Court in the Richard J. Daley Center who will transmit such pleadings to the appropriate suburban municipal district location.
e. Nothing within this order shall limit either party from the exercise of his/her rights for substitution of judge pursuant to 735 ILCS 5/2-1001. However, any request granted for substitution of judge from a suburban municipal district calendar judge shall result in a transfer of the case to the Presiding Judge of the Domestic Relations Division for reassignment.
f. The Presiding Judges of those municipal districts in which actions of the Domestic Relations Division are filed and heard shall be deemed supervising judges in the Domestic Relations Divisions for the purpose of facilitating case flow management.
[Effective October 1, 1998.]
The Presiding Judge of the Juvenile Justice Division or any Judge of the Juvenile Justice Division designated by the Presiding Judge shall hear and determine all motions and may enter orders permitting the prosecution of a minor thirteen (13) years of age or over, under the criminal laws in accordance with the provisions of 705 ILCS 405/5-4(3)(a) of the Juvenile Court Act.
[Amended, effective March 1, 1995.]
Notice of all motions in criminal cases shall be served upon the State's Attorney of Cook County at 2600 South California Avenue, Chicago, Illinois.
[Dated July 14, 1967.]
(a) The presiding judge of the Criminal Division has general administrative powers within the Division. He requisitions and impanels all grand juries and petit juries; on arraignment he assigns cases to judges sitting in the Criminal Division.
(b) Each presiding judge of the several municipal districts of the Municipal Department has general administrative powers in his district, and assigns cases to judges and magistrates in his district.
[Dated July 14, 1967.]
The clerk shall issue and deliver to the sheriff, summons for the grand jury panel and the supplemental panel, commanding him to summon the persons certified by the Jury Commissioners and requiring them to appear before the presiding judge of the Criminal Division at the time stated in the summons, subject to further order of the presiding judge. If the grand jury panel is not complete the presiding judge shall direct the sheriff to summon additional persons to complete the panel. The sheriff shall serve the summons in the manner provided for serving the regular grand jury panel.
[Dated July 14, 1967.]
(a) A room designated as a Jurors' Assembly Room shall be reserved for the exclusive use of jurors assigned to the Criminal Division.
(b) All jurors must remain in the Jurors' Assembly Room except when assigned to a courtroom.
(c) Only a judge of the Criminal Division or a court official in the performance of his official duties is permitted to enter the Jurors' Assembly Room.
(d) The sheriff shall assign, and properly designate, one or more elevators in the Criminal Courts Building for the exclusive use of judges, jurors and bailiffs in charge of jurors.
(e) No person other than a court official in the performance of his official duties shall discuss with a juror, or in the presence of a juror, any matter relating to jurors or jury service. Every juror must report to a judge any violation of this rule.
(f) The violation of any provision of this rule will be deemed contempt of court.
(g) The sheriff shall display in a conspicuous place in the Jurors' Assembly Room the provisions of this rule.
[Dated July 14, 1967.]
(a) The Chief Judge shall designate a supervisor of jurors.
(b) The supervisor of jurors shall be in charge of summoned jurors. He shall regulate assignments of jurors to the judges and supervise and keep records of their service.
(c) No person summoned to serve as juror may be excused except by the presiding judge.
(d) The Jury Commissioners shall furnish the supervisor of jurors with the jury list and a juror's card containing the number, name and address of each prospective juror. If a prospective juror is excused by the presiding judge, the supervisor of jurors shall stamp or write the word "Excused" on the jury list opposite the name of the juror.
(e) The name of a juror summoned, but not found, is marked "Not Found" opposite his name on the jury list.
(f) If a juror is "Excused" by the presiding judge or "Not Found" his card is returned to the Jury Commissioners.
(g) Each juror shall wear a juror's badge bearing his service number.
(h) All juror's cards shall remain in the custody of the supervisor of jurors. When a juror is assigned the card shall be sent to the trial judge in whose custody it shall remain until the juror returns to the Jurors' Assembly Room. The card shall be returned immediately to the supervisor of jurors.
(i) A judge desiring a jury shall send a bailiff with his request to the supervisor of jurors. The supervisor of jurors shall use a revolvable hopper in which he shall deposit pellets numbered to correspond with the jury service numbers on the cards, and shall draw from the hopper as many pellets as the number of jurors requested. The cards corresponding to the numbers on the pellets drawn shall be given to the bailiff, who shall call the jurors named on the cards. The jurors shall then accompany the bailiff to the courtroom.
(j) Jurors shall be called into the jury box in numerical order beginning with the lowest numbered on odd-numbered days of the month and beginning with the highest number on even-numbered days of the month. After the jury is selected, the judge shall direct the remaining jurors to return to the Jurors' Assembly Room and their cards shall be returned immediately to the supervisor of jurors.
(k) Immediately upon the termination of each day of service of any juror before a trial judge, the minute clerk shall require the juror to sign his name on the card on a line for each day served before that particular judge. The minute clerk signs his own name and stamps the trial judge's name on lines provided therefor on the same card; each juror remaining in the Jurors' Assembly Room any day without assignment to a trial court, shall, before being discharged for the day, sign his name on his card and the supervisor of jurors shall subscribe his name in the space provided therefor.
(l) The supervisor of jurors shall keep uniform records of all assignments of jurors including the judges to whom they were assigned, the date and hour of the assignment and the date and hour that the jurors and cards are returned from the trial judge. Similar records shall be kept by the deputy sheriff assigned to the jury room.
(m) At the conclusion of the service of each juror, the supervisor of jurors shall compute the number of days served and the mileage fee to be paid and shall certify upon the jurors' card the amount due to the juror from the County, and shall prepare a payroll sheet. The juror shall sign his name to the certificate printed upon the card and a voucher showing the amount due for his service.
(n) The supervisor of jurors shall forward the vouchers and payroll sheets to the county comptroller for payment.
(o) The cards of the jurors who have served shall be delivered to the clerk of the Criminal Division and shall be retained as a permanent record regardless of the length of the juror's service.
[Dated July 14, 1967.]
(a) At the direction of the presiding judge, the official court reporters in the Criminal Division shall elect three of their members as a committee. One member of the committee shall be selected as chairman.
(b) At the request of the presiding judge, the chairman shall detail the activities of each reporter.
(c) The committee shall assign reporters to individual court rooms and shall be responsible for adequate court reporting in each court room. The committee shall provide each judge in the Criminal Division with a reporter unless the assigned reporter is excused by the judge.
(d) All shorthand notebooks, stenotapes and other recording devices used by the reporters shall be delivered to the clerk within thirty (30) days after completion of the proceedings, for safekeeping, and shall remain in a vault in the clerk's office. The clerk shall issue a receipt for the notebooks and other records and shall retain a copy of the receipt.
(e) All stenographic notebooks, stenotapes and other records delivered to the clerk shall be retained by him unless otherwise ordered by a judge of the Criminal Division. Notebooks taken from the possession of the clerk shall be returned within thirty (30) days unless otherwise ordered by the judge.
[Dated July 14, 1967.]
(a) All petitions to expunge records of arrest from the official records of the arresting authority shall be in writing and shall be brought before the Presiding Judge of the Criminal Division if the case arises in the City of Chicago. If the case arises in any of the five Suburban Districts the petition should be brought before the Presiding Judge of the respective district. If the subject matter of the case is a delinquency petition, the petition to expunge records of arrest should be brought before the Presiding Judge of the Juvenile Division.
(b) Notice of the petition shall be served upon the prosecuting authority charged with the duty of prosecuting the case arising out of the incident of arrest.
(c) The petition shall be accompanied by a waiver, in a manner satisfactory to the court, waiving any and all claims the petitioner may have against the arresting officer or officers in the case arising out of the incident of arrest.
(d) The Presiding Judge before whom the record to expunge is brought may, in his discretion, enter an order expunging the record of arrest.
[Amended, effective November 18, 1974.]
In every instance where a defendant is charged with a felony, if it appears at the conclusion of the preliminary hearing that there is probable cause to believe that an offense has been committed by the defendant, the Judge or Magistrate shall enter an order in substantially the following form:
Finding of probable cause. Defendant held to Grand Jury. Transfer to Presiding Judge, Criminal Division. Defendant to appear in Room 400, 2600 South California Avenue, Chicago, Illinois, at 9:30 a.m., on ______19___ (insert date).
[Dated December 1, 1970.]
The Presiding Judge of the Criminal Division shall preside over the progress of appeals in all felony cases arising from orders or judgments entered in the Criminal Division, the Domestic Violence Division, and all Municipal Districts where the appeal is initiated any time after the filing of the information or indictment;
Whenever a timely notice of appeal from an order or judgment entered in the Criminal Division is filed in open court, the trial judge shall thereafter transfer the case to the Presiding Judge of the Criminal Division to a date and time designated by the Presiding Judge for the hearing of "appeal check" cases within forty-nine (49) days of the filing of the notice of appeal;
Whenever a timely notice of appeal from an order or judgement entered in any Municipal District or in the Domestic Violence Division is filed in open court the trial judge shall set the case for hearing on a date and time designated by the Presiding Judge of the Criminal Division for the hearing of "appeal check" cases within forty-nine (49) days of the filing of the notice of appeal and shall transfer the case to his Presiding Judge for the purpose of transferring the action to the Presiding Judge of the Criminal Division;
Whenever a timely notice of appeal is filed with the Clerk of the Circuit Court of Cook County, but not in open court, the Clerk shall set the case for a hearing on a date and time designated by the Presiding Judge for the Criminal Division for the hearing of "appeal check" cases within forty-nine (49) days of the filing of the notice of appeal and shall forthwith bring the case to the Presiding Judge of the District in which the matter was tried for transfer to the Presiding Judge of the Criminal Division.
It is further ordered that all pending "appeal check" cases still not docketed in the reviewing court shall be transferred by the trial judge, in the manner as hereinbefore provided, as these "appeal check" cases appear on the court call of the trial judge, to the Presiding Judge of the Criminal Division; pending "appeal check" cases transferred to the Presiding Judge of the Criminal Division shall be set for a date and time designated for the hearing of "appeal check" cases.
It is further ordered that the second and fourth Friday of each calendar month at 11:00 a.m. are the dates and time the Presiding Judge of the Criminal Division has designated for the hearing of "appeal check" cases.
These procedures do not apply to cases where a defendant seeks only pre-trial or post-trial review of orders regarding bail or the other extraordinary remedy proceedings. However, these procedures do apply to appeals from Chapter 110, Sec. 72, Illinois Revised Statutes [735 ILCS 5/2-1401], post-conviction, and habeas corpus proceedings initiated in the trial courts.
The purpose of these procedures is to centralize and coordinate the progress of all appeals in felony cases after the filing of the information or indictment.
[Amended, effective April 19, 2010.]
A. Municipal District One
When 100 or more persons, including juveniles, are arrested in one incident within the territorial limits of Municipal District One of the Circuit Court of Cook County for acts which constitute violations of the law, such action shall be considered a "multiple arrest" upon the declaration of the Chief Judge or the Chief Judge's designee.
B. Municipal Districts Two through Six
When 100 or more persons, including juveniles, are arrested in one incident within the territorial limits of Municipal Districts Two through Six of the Circuit Court of Cook County for acts which constitute violations of the law, such action shall be considered a "multiple arrest" upon the declaration of the Chief Judge or the Chief Judges's designee.
[Amended, effective August 1, 1996.]
A. Municipal District One
Upon declaration of the Chief Judge or the Chief Judge's designee of a multiple arrest within the corporate limits of the City of Chicago, court facilities of Municipal District One shall be made available at 2600 S. California Avenue, Chicago, for the purpose of accepting the filings of complaints and for the setting of bail.
B. Municipal Districts Two through Six
Upon declaration of the Chief Judge or the Chief Judge's designee of a multiple arrest within the territorial limits of any Municipal District of the Circuit Court of Cook County outside the corporate limits of the City of Chicago, court facilities of the Municipal District wherein the arrest occurred shall be made available at a place designated by the Presiding Judge of that District for the purpose of accepting the filings of complaints and for the setting of bail.
C. Juvenile Justice Division
(i) Municipal District One
When juveniles are included in a multiple arrest within the territorial limits of the City of Chicago, court facilities shall be made available at the Juvenile Justice Division, 1100 S. Hamilton Avenue, Chicago, for the purpose of holding detention hearings as provided in the Juvenile Court Act of 1987 as amended.
(ii) Municipal Districts Two through Six
When juveniles are included in a multiple arrest within the territorial limits of any Municipal District outside of the corporate limits of the City of Chicago, court facilities of the Municipal District wherein the arrest occurred shall be made available to the Juvenile Justice Division at a place designated by the Presiding Judge of that Municipal District for the purpose of holding detention hearings as provided in the Juvenile Court Act of 1987 as amended.
[Amended, effective August 1, 1996.]
A. When a multiple arrest occurs in any Municipal District, it shall be the duty of the Presiding Judge of the District upon notification:
(i) To designate the courtrooms to be used for accepting the filings of complaints and for the setting of bail;
(ii) To assign judges to adequately staff the courtrooms provided;
(iii) To designate a place or places for the preparation or making of bail bonds and for the taking of security deposits on bail; and
(iv) To notify the following persons and direct them to assign sufficient deputies and assistants to adequately staff the court facilities provided:
(a) The Clerk of the Circuit Court of Cook County,
(b) The Sheriff of Cook County,
(c) The State's Attorney of Cook County,
(d) In Municipal District One, the Corporation Counsel of the City of Chicago; In Municipal Districts Two through Six, the appropriate Municipal prosecuting attorney,
(e) The Public Defender of Cook County,
(f) The Chairman of the Chicago Bar Association Volunteer Lawyers Committee,
(g) In Municipal District One, the Supervisor of the Official Court Reporters for Municipal District One; In Municipal Districts Two through Six, the Supervisor of the Official Court Reporters for the District,
(h) The Chief Adult Probation Officer of Cook County, and
(i) The Circuit Court of Cook County Interpreter's Office.
B. When juveniles are included in a multiple arrest in any Municipal District, it shall be the duty of the Presiding Judge of the District, in addition to the foregoing, upon notification:
(i) To designate the courtrooms to be used for the holding of detention hearings as provided in the Juvenile Court Act of 1987 as amended; and
(ii) To notify the Presiding Judge of the Juvenile Justice Division who will assign sufficient judges and other personnel to adequately staff the court facilities provided.
[Amended, effective August 1, 1996.]
A. Upon arriving at the designated court facility, the judge shall report to the Presiding Judge of the District or the Presiding Judge's designee and receive a court assignment. The judge shall then proceed to the assigned courtroom and commence hearing cases until relieved or otherwise discharged from the assignment.
B. Each judge shall designate a special area in the courtroom for the seating of attorneys and shall specify an appropriate area to be used as a place for conferences between attorneys and their clients.
C. It shall be the duty of each judge to maintain order and decorum in and about the courtroom and to enforce the provisions against prohibited behavior.
[Amended, effective August 1, 1996.]
(See Rule 0.5 of the Circuit Court of Cook County)
A. The solicitation of business relating to the furnishing of security deposits for bail or the employment of any attorneys is prohibited;
B. Loitering in or about the rooms or corridors of the courthouses is prohibited. Unapproved group congregating or the causing of a disturbance or nuisance in or near any courthouse or place of holding court in multiple arrest cases is prohibited. Picketing or parading outside of a building housing a court hearing multiple arrest cases is prohibited when such picketing or parading obstructs or impedes the orderly administration of justice;
C. The State's Attorney of Cook County may require any person who violates this order to appear forthwith before any judge of this Court to answer to a charge of contempt;
D. The Sheriff of Cook County and his or her deputies, the Custodian of the courthouse and any peace officer shall enforce this order either by ejecting violators from the courthouse or by causing them to appear before one of the judges of this Court for a hearing and for the imposition of such punishment as the Court may deem proper.
[Amended, effective August 1, 1996.]
Persons designated by the Presiding Judge of the District shall be allowed to interview the defendants to obtain sufficient information to advise interested persons of the defendants' arrest and detention.
[Amended, effective August 1, 1996.]
Persons designated by the Presiding Judge of the District shall be admitted to all court facilities to observe the proceedings therein.
[Amended, effective August 1, 1996.]
In multiple arrest cases, the following procedures should be used whenever practicable:
A. The prosecuting attorney shall file a separate complaint, together with one copy, for each offense with which the defendant is being charged;
B. The Court shall inform the defendant of the charge or charges placed against him or her and shall furnish the defendant a copy of the complaint;
C. When the hearing is resumed, the court shall determine probable cause for further detention pursuant to Gerstein v. Pugh, 420 U.S. 103 (1974);
D. The Court shall advise the defendant of his or her right to counsel;
E. If the defendant is without counsel, the Court shall appoint the Public Defender of Cook County to defend the defendant;
F. If the defendant requests counsel other than the Public Defender of Cook County, the Court shall appoint a member of the Chicago Bar Association Volunteer Lawyers Committee to represent the defendant;
G. All attorneys appearing on behalf of a defendant shall file their written appearances with the Court. Appointed counsel other than the Public Defender of Cook County may file a special appearance for the sole purpose of representing the defendant in the setting of bail;
H. The defendant shall have a reasonable opportunity to confer with an attorney before the bail hearing shall commence;
I. For the purpose of setting bail, the court shall consider the facts surrounding the defendant's arrest and the defendant's past criminal acts and conduct, if known;
J. The defendant or the defendant's attorney shall have ample opportunity to advise the Court of all mitigating circumstances and other facts tending to show that the defendant will comply with the conditions of the bail bond;
K. After a full hearing, the Court shall set bail in pursuant to 725 ILCS 5/110-5;
L. When the defendant is charged with an offense punishable by fine only, the amount of bail set by the Court shall not exceed double the amount of maximum penalty;
M. The use of recognizance bonds is encouraged in appropriate cases. The Court may impose reasonable conditions and restrictions to assure the defendant's appearance in Court;
N. After setting bail, the Court shall continue the cause to a date certain returnable to the branch of the Court to which the case would normally be returnable pursuant to the key date of the arresting officer.
[Amended, effective August 1, 1996.]
This order is intended to ensure no defendant is held in custody prior to trial solely because the defendant cannot afford to post bail, to ensure fairness and the elimination of unjustifiable delay in the administration of justice, to facilitate the just determination of every criminal proceeding, and to preserve the public welfare and secure the fundamental human rights of individuals with interests in criminal court cases,
This order is effective as provided below:
1. This order applies to all rulings on bail pursuant to Article 110 of the Code of Criminal Procedure, 725 ILCS 5/110-1, et seq., (Art. 110) including rulings on review of prior bail decisions, on the following schedule:
a. effective September 18, 2017, in all felony cases;
b. effective January 1, 2018, in all cases.
2. Prior to the initial bail hearing and at such other times as the court may direct, Pretrial Services shall request information from the defendant regarding the defendant's ability, within 48 hours, to post monetary bail. All information gathered by Pretrial Services from the defendant regarding the ability to pay monetary bail shall be provided to the court .
3. For all bailable defendants , Pretrial Services shall use a risk-assessment tool approved by the chief judge to assist the court in establishing reasonable bail for a defendant by assessing the defendant's likelihood of appearing at future court proceedings or determining if the defendant poses a real and present threat to the physical safety of any person or persons . Public disclosure of information used with the assessment tool by Pretrial Services to assist the court shall be governed by the Pretrial Services Act, 725 ILCS 185/0.01, et seq.
4. If the court determines that release on bail is not appropriate, the court shall, in substance, make one or more of the following findings and state the finding(s), together with sufficient supporting facts, on the record in open court:
a. the defendant will not appear as required , and no condition or combination of conditions of release can reasonably assure the defendant 's appearance in court ; or
b. the defendant poses a real and present threat to any person or persons , as defined in 725 ILCS 5/ 110-l(d).
Where applicable, the court shall also make a finding that the proof is evident or the presumption great that the defendant has committed the offense charged.
5. When setting bail, there shall be a presumption that any conditions of release imposed shall be non-monetary in nature, and the court shall impose the least restrictive conditions or combination of conditions necessary to reasonably assure the appearance of the defendant for further court proceedings. Said conditions shall include conditions necessary to ensure the defendant does not pose a real and present threat to the physical safety of any person. The court shall consider the defendant's social and economic circumstances when setting conditions of release.
6. Prior to setting or modifying a condition of release that includes monetary bail, the court shall conduct an inquiry into the defendant's ability to pay monetary bail. Such inquiry shall allow the prosecutor, defense counsel, and the defendant the opportunity to provide the court with information pertinent to the defendant's ability to pay monetary bail. This information may be provided by proffer, and may include statements by the defendant 's relatives or other persons who are present at the hearing and have information about the defendant's ability to pay monetary bail. All information shall be admissible if it is relevant and reliable, regardless of whether it would be admissible under the rules of evidence applicable at criminal trials.
7. When the court determines that monetary bail is a necessary condition of release, the court shall, in substance , make the following findings and state them, together with sufficient supporting facts, on the record in open court:
a. no other conditions of release, without monetary bail, will reasonably assure the defendant 's appearance in court;
b. the amount of bail is not oppressive, is considerate of the financial ability of the defendant, and the defendant has the present ability to pay the amount necessary to secure his or her release on bail; and
c. the defendant will comply with the other conditions of release.
8. The procedures required in paragraphs 6 and 7 of this order are not required when the court imposes non-monetary conditions of release or an obligated amount of cash is a condition of release on recognizance (1-bond).
9. If the court is presented with insufficient information to make a finding regarding the defendant's ability to pay the ordered amount, it shall so state on the record in open court.
10. Nothing in this order shall limit a court's authority to revoke bail, in accordance with present law, where the defendant has violated conditions of his or her release on bail.
11. In addition to any other relief available under the Code of Criminal Procedure of 1963, 725 ILCS 5/ 100-1, et seq. , a person in custody due to an inability to post monetary bail shall be brought before the court at the next available court date or 7 calendar days from the date bail was set, whichever is earlier, for a review of the conditions of release pending further court proceedings.
12. Beginning no later than December 1, 2017, Pretrial Services shall provide reminders to all defendants released on bail in felony cases of their upcoming court dates, unless the defendant informs Pretrial Services that he or she does not want to receive reminders. Said reminders shall be communicated to the defendant by telephone, Short Message Service (text messaging), or similar technology. The defendant may choose to receive or decline to receive reminders, and may inform Pretrial Services of this choice at either an in-person interview with Pretrial Services or online via Cook County's Web site. Nothing in this order shall be interpreted to prevent Pretrial Services from reminding defendants of their court dates by other means, including, but not limited to, conventional mail, email, and personal contact. Nothing in this order shall be interpreted to prevent Pretrial Services from reminding defendants in misdemeanor cases of their court dates by any appropriate and reliable means.
13. This order shall be liberally construed to effectuate the purpose of relying upon contempt of court proceedings or criminal sanctions instead of financial loss to assure the appearance of the defendant, that the defendant does not pose a danger to any person or the community , and that the defendant will comply with all conditions of bond.
14. This order shall be interpreted to supplement Art. 110, and nothing in this order shall be construed to supersede or limit its provisions.
15. This order shall supersede all conflicting provisions in existing general orders and general administrative orders of the court. Application of existing orders with conflicting provisions shall be reconciled so as to fully implement the provisions of this order.
Except as otherwise ordered herein, this order is effective September 18, 2017.
Dated this 17th day of July, 2017.
ENTER:
_______________________________________________
Timothy C. Evans
Comments
These comments accompany Gen. Ord. Cook Co. Cir. Ct. 18.8A (eff. Sept. 18, 2017) (“order”). They are not part of the order, but are provided only as a guide to understanding it.
1. The two effective dates specify that, on January 1, 2018, applicability of the order will no longer be limited to felony cases and will be extended to include cases in which the most serious charge is a misdemeanor. The order supplements rather than supplants Article 110 (Bail) of the Code of Criminal Procedure.
4. This section recognizes similar provisions of Art. 110, including, but not limited to 725 ILCS 5/110-4, 110/6.1. The record of the proceeding will provide a readily accessible and objective basis for review of the decision in the circuit court and appeals courts.
5. This language incorporates and combines similar, though differently worded, provisions of section 2 (eff. Aug. 18, 1995) and a new 5(a-5) (P.A. 100-1, eff. Jan. 1, 2018) of Art. 110, which express the legislature’s preferred standards for setting bail. These standards are also expressed by the Supreme Court of the United States in Bearden v. Georgia, 461 U.S. 660 (1983). The effective dates of the order apply to the language in new section 5(a-5).
7. These provisions are to be read in conjunction with ¶ 4, so that the amount of monetary bail is unrelated to any danger to persons or the community presented by the defendant. The record of the proceeding will provide a readily accessible and objective basis for review of the decision in the circuit court and appeals courts.
Subsection 7(a) incorporates a standard provided in 725 ILCS 5/110-2.
Subsection 7(b) incorporates standards provided in 725 ILCS 5/110-5(b)(2, 3) and in the new 110(a-5) provided in the Act. It also includes similar standards endorsed by the American Bar Association, the National Association of Pretrial Services Agencies, the National Association of Counties, the American Jail Association, the International Association of Chiefs of Police, the American Probation and Parole Association, the Conference of State Court Administrators, and the Conference of Chief Justices. It is consistent with the decisions in Leonard C. Arnold, Ltd. v. Northern Trust Co., 116 Ill. 2d 157 (1987), and Onewest Bank, FSB v. Markowicz, 2012 IL App (1st) 111187.
8. If the defendant is to be released based on the recommendation by PTS and other information, and monetary bail will not be a condition of release, the court need not make the inquiry, findings, or record required by ¶¶ 4, 6, and 7. The “obligated amount of cash” refers to a condition of release requiring the defendant to pay a specified amount of cash only if and when the court finds the defendant to have violated the terms and conditions of release and orders the defendant to pay the specified amount.
9. The court may also state the nature or a specific description of any further information on which a modified decision as to the defendant’s ability to pay the ordered amount would be based.
It is important to note that the order is not intended to abrogate or supersede the Constitution of the State of Illinois, any current statute, or any court decision. The court sought to avoid, in all instances, conflicting with or affecting the validity of any existing statute promulgated by the Illinois legislature, including the parts of Illinois Public Act 100-1 scheduled to take effect January 1, 2018. Similarly, the order is not intended, in any way, to limit or infringe the inherent authority of the judiciary, as it relates to bail, set forth in People ex rel. Hemingway v. Elrod, 60 Ill. 2d 74 (1975).
The order is not intended to preclude the Illinois legislature from acting in the future with respect to the law of bail in a manner that will not conflict with the Constitutions of the State of Illinois or of the United States.
The court having received insufficient funding from the county to provide sufficient staff to effectively and fairly implement the court's General Order No. 18.8A(1)(b), enforcement of sections 2, 3, and 12 of said order, to the extent those provisions apply to misdemeanors, is hereby suspended until further order of the court. Nothing in this order shall be interpreted to prevent Pretrial Services from reminding defendants in misdemeanor cases of their court dates by any appropriate and reliable means.
Dated this 29th day of December, 2017.
ENTER:
_______________________________________________
Timothy C. Evans
A. If the defendant is to be admitted to bail on the defendant's own recognizance or if the defendant is able to give the required security deposit on bail and the defendant indicates that he or she will comply with the conditions set forth in the bail bond, the defendant shall be brought without undue delay to the nearest place for the preparation or making of bail bonds and for the taking of security deposits on bail;
B. If the defendant is unable to give the required bail security deposit, the defendant shall be remanded to the custody of the Sheriff of Cook County until the defendant gives bail as required or until the defendant's next Court appearance;
C. Persons other than those specifically prohibited by statute from furnishing bail security shall be granted access to a place designated for the preparation or making of bail bonds and for the taking of security deposits on bail and shall be permitted to deposit the required security deposit on bail on behalf of the defendant.
[Amended, effective August 1, 1996.]
In multiple arrest cases, the following procedures should be used whenever practicable:
A. The Court shall summon the juvenile to the bar and place the juvenile under oath;
B. The State's Attorney of Cook County shall file a petition, together with one copy thereof, alleging that the juvenile is delinquent, otherwise in need of supervision, neglected or dependent;
C. The Court shall inform the juvenile of the allegations contained in the petition and shall furnish the juvenile a copy of the petition;
D. The Court shall advise the juvenile of the juvenile's right to counsel;
E. If the juvenile is without counsel, the Court shall appoint the Public Defender of Cook County to represent the juvenile;
F. If the juvenile requests counsel other than the Public Defender of Cook County, the Court shall appoint a member of the Chicago Bar Association Volunteer Lawyers Committee to represent the juvenile;
G. All attorneys appearing on behalf of a juvenile shall file their written appearances with the Court. Appointed counsel other than the Public Defender of Cook County may file a detention hearing appearance for the sole purpose of representing the juvenile in a detention hearing as provided in the Juvenile Court Act of 1987 as amended;
H. The juvenile shall have a reasonable opportunity to confer with an attorney before the detention hearing shall commence. If the juvenile or the juvenile's attorney requests additional time, the Court shall pass the case and summon the next juvenile to the bar;
I. When the hearing is resumed, the State's Attorney of Cook County shall advise the Court of the facts surrounding the juvenile being taken into custody as well as any other information concerning the juvenile relevant to the issue of detention;
J. The juvenile or the juvenile's attorney shall have ample opportunity to advise the Court of any additional information concerning the juvenile relevant to the issue of detention;
K. If the Court finds after a full hearing that it is a matter of immediate and urgent necessity for the protection of the juvenile or of the person or property of another that the juvenile be detained or that the juvenile is likely to flee the jurisdiction of the Court, the Court shall order that the juvenile be detained at the Juvenile Temporary Detention Center, 1100 South Hamilton, Chicago, or at any suitable place designated by the Presiding Judge of the Juvenile Justice Division, until the juvenile's next Court appearance;
L. If the Court finds after a full hearing that it is not a matter of immediate and urgent necessity for the protection of the juvenile or of the person or property of another that the juvenile be detained or that the juvenile is likely to flee the jurisdiction of the Court, the Court shall order that the juvenile be released to the custody of the juvenile's parent, guardian, legal custodian or responsible relative;
M. Where no parent, guardian, legal custodian or responsible relative appears to whose custody the juvenile may be released, the Court may order that the juvenile be temporarily detained at the Juvenile Temporary Detention Center, 1100 South Hamilton, Chicago, or at any suitable place designated by the Presiding Judge of the Juvenile Justice Division until such time as a parent, guardian, legal custodian or responsible relative shall appear to assume custody of the juvenile.
N. The Court shall set the adjudicatory hearing on the petition for a date certain returnable to an assigned calendar of the Juvenile Justice Division.
[Amended, effective August 1, 1996.]
Telephones shall be made available to assigned counsel or their assistants to notify one interested person of the arrest of the defendant, the charge or charges upon which the defendant was arrested, the amount of bail set, the amount of deposit required for posting bail, and where the defendant is being held.
[Amended, effective August 1, 1996.]
The arresting agency shall make available as soon as practicable information concerning the identity of all persons arrested in the multiple arrest. For information concerning persons detained, call the office of the Sheriff of Cook County, 2600 South California Avenue, Chicago, at 1-773-869-JAIL.
[Amended, effective January 25, 2006.]
The Sheriff of Cook County shall make available as soon as practicable information concerning the identity of all persons ordered by the Court into his custody, the amount of bail set and the locations where they are being detained.
[Amended, effective August 1, 1996.]
As soon as practicable after the incident which gave rise to the multiple arrest has ended, the Sheriff of Cook County shall deliver to the Presiding Judge of the District a list of all persons remaining in custody. Thereupon, the Court on its own motion shall call each defendant remaining in custody before the bar and shall conduct a hearing to re-examine the bail previously set.
[Amended, effective August 1, 1996.]
Cook County Cir. Ct. G. O. No. 19.1 (eff. March 9, 1989) is hereby amended as follows:
The procedures set forth in Cook County Cir. Ct. G.Os, 19.2, 19.3, 19.4, 19.5 are adopted pursuant to the Illinois Not-For-Profit Dispute Resolution Center Act, 710 ILCS 20/1, et seq.
[Dated December 30, 2022.]
Cook County Cir. Ct. G. O. No. 19.2 (eff. March 9, 1989) is hereby amended as follows:
- The circuit clerk shall charge and collect a Dispute Resolution Fund fee of TWO DOLLARS ($2.00) in all civil cases. Such fee shall be paid by the party initiating the action at the time of filing the first pleading. Such fees shall not be charged in any proceeding commenced on behalf of a unit of local government.
- Fees collected in a given month shall be remitted by the circuit clerk to the county treasurer by the end of the following month.
- The circuit clerk shall establish and maintain a system of accounts verifying all Dispute Resolution Fund fees collected and remitted.
- Upon receipt of the Dispute Resolution Fund fees from the circuit clerk each month, the county treasurer shall promptly deposit the entire amount of such fees in the Dispute Resolution Fund. The county treasurer shall maintain a system of accounts verifying all Dispute Resolution Fund fees received and disbursed.
[Dated December 30, 2022.]
In order to qualify for funding, a dispute resolution center must demonstrate that it has satisfied the following criteria:
A. Number of Cases Previously Resolved. It has resolved at least one hundred (100) disputes in each of the previous three twelve (12) month periods ending November 30 of each year. A case shall be deemed resolved when a written agreement setting forth the obligations of the disputants is signed by all such disputants. Such cases may have been referred from the courts or from other sources.
B. Training of Mediators. All of its mediators have satisfactorily completed thirty (30) or more hours of training in conflict resolution techniques as offered by the dispute resolution center or an entity recognized by them.
C. Peer Review. It has established or participated in a peer review program in which mediators must be regularly evaluated during actual mediations.
D. Mediation Scheduling. It schedules all mediations to take place within thirty (30) days of referral to the center except for good cause.
E. Explanation of Mediation to Disputants. Both its staff and a mediator advise disputants prior to mediation of the objectives of mediation, the function of the mediator and the role of the disputants in the mediation process.
F. Record keeping. It maintains records which, subject to the confidentiality provision in Section 6 of the Illinois Not-For-Profit Dispute Resolution Center Act, shall be available for inspection by the Office of the Chief Judge. Such records shall include audited financial statements and case information (including statistics on referral sources, dispute types and outcomes of mediation). Such records shall be maintained for a period of seven (7) years from the date that the records are submitted to the Chief Judge.
[Dated March 9, 1989.]
Cook County Cir. Ct. G. O. No. 19.4 (eff. March 9, 1989) is hereby amended as follows:
A. To be eligible for funding, a dispute resolution center shall submit an application to the Chief Judge by December 31 of the calendar year for which funds are sought.
B. An application by a dispute resolution center for funding shall consist of the following:
i. A statement certifying that the center qualifies for funding in accordance with the criteria set forth in General Order 19.3, including a statement that the center does not pay its mediators and will not charge disputants for services;
ii. A copy of the bylaws of the center;
iiii. A letter from the Internal Revenue Service indicating the 501(c)(3) tax exempt status of the center;
iv. A list of the members of the center's Board of Directors and their professional affiliations;
v. A list of active mediators, including the dates of their training and their occupations;
vi. Copies of the center's audits from the three (3) previous fiscal years;
vii. A description of the center's mediator training program;
viii. A copy of the center's mediator quality control mechanisms, including a copy of its peer review policy;
ix. The budget for the year for which funds are sought;
x. A description of the center's operations, including the types of cases expected to be heard and sources of case referrals;
xi. A statement of intent that funding will be used for the purpose of providing dispute resolution services.
[Dated December 30, 2022.]
Cases may be referred to qualified alternative dispute resolution centers, subject to agreement from the center, from such courts as the Chief Judge or the Presiding Judges of the various divisions and districts designate. Participation in mediation is at the discretion of the disputants.
[Dated March 9, 1989.]
A. Effective immediately, the administration of provisions contained in the Juvenile Court Act governing the detention of minors shall transfer from the Director of Pretrial Services to the Director of Probation and Court Services, or his designee who is then authorized to grant to the Superintendent of the Cook County Juvenile Temporary Detention Center the authority to detain and keep a minor pending a judicial detention hearing pursuant to Section 5-7 of the Juvenile Court Act (705 ILCS 405/5-7). No minor may be admitted to the detention center without the written authorization of a designated detention screening officer.
B. To avoid unnecessary delay, whenever a police officer reasonably believes that there is urgent and immediate necessity to keep a minor in custody or if the minor was taken into custody under a warrant, the police officer should immediately contact by telephone the designated detention screening officer and transmit by facsimile device a copy of the arrest report, youth officer's report, juvenile arrest information summary and any other documents pertinent to the juvenile to the detention screening officer located in the Intake Department of the Detention Center. Based upon the information received from the police officer and all other information available, the detention screening officer will apply a risk assessment instrument approved by the Director of Probation and Court Services to assist in determining whether there is urgent and immediate necessity to detain the minor pending a judicial detention hearing or whether non-secure custodial alternatives are appropriate for up to 36 hours pending a judicial detention hearing.
If the detention screening officer determines there is urgent and immediate necessity to detain the minor for up to 36 hours in secure detention pending a judicial hearing, the detention screening officer will transmit to the police officer via facsimile device written authorization to detain and keep the minor in the Cook County Juvenile Temporary Detention Center. Upon receipt of this authorization, the police officer shall deliver the minor to the Juvenile Temporary Detention Center.
If the detention screening officer determines that the minor shall be retained in custody but does not require physical restriction, the minor may be placed in non-secure detention for up to 36 hours pending a detention hearing. A minor placed in non-secure detention may be detained in the home of the minor's parent and shall be subject to the conditions identified by the detention screening officer.
If the detention screening officer determines that there is no urgent and immediate necessity to detain the minor, the officer will inform the police officer of this determination. The police officer may then take any action authorized by Section 5-8 of the Juvenile Court Act except delivery of the minor to the Juvenile Temporary Detention Center. If the police officer determines that a referral to Court is necessary, then the police officer shall schedule a Preliminary Conference with Probation Department Screening Department within two (2) weeks.
If the detention screening officer determines that a minor detained in the Juvenile Temporary Detention for the 36-hour period would have qualified for non-secure custody during the initial detention screening but for the absence of a parent, responsible adult or suitable detention alternative program, and a parent, responsible adult or suitable detention alternative program is located, the detention screening officer shall submit written authorization to the Superintendent of the Detention Center causing the minor to be released under conditions of home confinement pending a judicial detention hearing.
[Amended, effective September 28, 1994.]
The following procedures shall govern the nomination by the Chief Judge of a public member of an electoral board pursuant to Section 10-9 of the Election Code (10 ILCS 5/10-9).
A. The member of the electoral board, the officer of board with whom the petitions are filed, or a party to a case before the board shall notify the Chief Judge of the need to appoint a public member. The notification shall be in writing, be signed and may be in the form of a letter. The notification may be signed by an attorney representing the electoral board, the party, or representing the officer with whom the petitions are filed. The written notification may be sent by facsimile transmission to the Chief Judge at 312-603-5366 with a courtesy copy to the Presiding Judge of the County Division at 312-603-4351 and the original must be immediately hand-delivered or mailed to the Chief Judge. All public members, by virtue of their appointment, shall be considered officers of the court.
B. The written notification shall include:
1. The name and address of the objector(s), and the objector's attorney, if known;
2. The name and address of the respondent candidate(s) or respondent referendum proponents, and of the respondent’s attorney, if known;
3. The substance of the referendum or title of the office sought by the candidate, the applicable governmental district and the date of the election;
4. A copy of the ballot of certification which was or soon will be filed with the Cook County Clerk;
5. The names and titles of the three persons (or more in case of a seniority tie) who would normally constitute the electoral board if there were no statutory disqualifications necessitating the appointment of a public member;
5A. When one member of the normally constituted electoral board has a disqualification on any grounds, the next senior member of the city council or board of trustees shall serve. If the next senior member is disqualified the vacancy shall be filled by a public member pursuant to this order.
5B. Members of an electoral board must be disqualified on due process grounds if they have a personal or direct pecuniary interest in the outcome of a case or if one of the members would properly be called as a necessary witness in a case and therefore required to judge his or her own testimony. However electoral board members do not have a disqualifying interest because they may be political allies or opponents of a party in a case or merely because they are familiar with the facts of the case. Neither may a statutory member cause a vacancy to be filled by this General Order by a personal preference or convenience of that statutory member not to sit or merely because a party has requested such disqualification .
5C. In the case of a request for the appointment of a public member for any reason other than a statutory disqualification, the applicant must fully detail the grounds of the alleged disqualifying interest in the member(s) sought to be replaced and must show that the electoral board proceedings will contain an unacceptable risk of bias.
6. If the public members are requested to hear more than one objector's petition, the number of separate objections to be considered by each respective electoral board;
7. The date and time scheduled in the Call for the first electoral board meeting and the place thereof, if known;
8. The name, address, telephone and fax number of a contact person to receive the appointment by the Chief Judge.
C. The Presiding Judge of the County Division shall maintain a written list of persons willing to serve as public members of electoral boards. This list may be changed or updated as needed. The Presiding Judge shall include only those persons known to be knowledgeable in election law.
D. The Chief Judge shall immediately transmit the written notification to the Presiding Judge of the County Division. The Presiding Judge shall contact persons on the list to determine their availability to serve on a particular electoral board. The Presiding Judge shall transmit the name of the first person contacted who is available to serve on the particular board to the Chief Judge.
E. The Chief Judge shall notify the person requesting the election of a public member and send a copy of the written order of appointment to that person. The order shall be entered on the records of the court and published.
F. The governmental body for which the electoral board serves (i.e., the Board of Education, city, village, township) shall pay an hourly fee of TWO HUNDRED DOLLARS ($200.00) for each hour the public member attends any electoral board meeting(s) and/or expends time preparing written decisions or dissents. Actual mileage expenses shall be reimbursed to the public member for travel to and from said meeting(s) at the rate currently set by the State Travel Control Board. As of November 18, 2004, the rate is $0.375/mile. The public member shall submit an invoice to the governmental body and the governmental body shall pay the invoice within thirty (30) days from the date of its receipt.
G. The meeting shall be held at a public building within the political subdivision and the Chief Judge shall designate the public building as a courthouse. With proper notification to and agreement of the parties and additional posted notice to the general public, the meeting may be adjourned to another convenient location, without further order of court.
H. In the absence of proposed local rules for the conduct of electoral board proceedings, the public members shall present a proposed set of rules for the electoral board and a final set of rules shall be adopted at the first meeting.
I. All persons appointed as public members shall sign an oath acknowledging that they have no interest in the proceedings in which they are appointed to serve. Public members shall be governed by Supreme Court Rule 63 C(1) of the Code of Judicial Conduct to the extent applicable.
[Amended, effective February 1, 2005.]
In order to conserve judicial resources and promote efficiency in the administration of the Circuit Court, upon motion of any party or upon the court's own motion, the Circuit Court may assign or reassign related cases to a single judge wherever it serves the convenience of interested parties and the court.
For the purposes of this order, cases shall be deemed related and may be assigned or reassigned if the court determines that the management of the related cases by the same judge is likely to result in a substantial saving of judicial time and effort and does not result in prejudice to any party and the cases have at least one of the following characteristics:
(a) the cases have at least one party in common;
(b) the cases involve the same property;
(c) the cases involve the same issues of fact or law;
(d) the cases involve the same transaction or occurrence; or
(e) in class actions, the cases involve one or more of the same classes.
A. The assignment judge of the Law Division, County Department, hears motions for assignment or reassignment of related cases pending in:
(a) different departments of the Circuit Court;
(b) different divisions of the County Department; and
(c) the Law Division
B. The presiding judge of Municipal District 1 of the Municipal Department hears motions for assignment or reassignment of related cases pending in different districts of the Municipal Department or within Municipal District 1.
C. The presiding judges of Municipal Districts 2, 3, 4, 5 and 6, respectively, hear motions for assignment or reassignment of related cases but only when all cases alleged to be related are municipal cases pending in the same municipal district in which the presiding judge serves.
For record keeping purposes, cases transferred to a different division or district pursuant to this order shall proceed under the record keeping system of the division or district to which the cases are transferred. Notwithstanding the forgoing, a case that is transferred to a different division or district shall retain its original case number as filed.
[Dated March 16, 1999.]
A. The advanced computer application system (the "Order of Protection System") implemented January 12, 2000 in Branches 60, 61, 62 and 63 of the Domestic Violence Section of the First Municipal District is hereby implemented in the Domestic Violence Division. The Order of Protection System will expedite the preparation, printing, processing, transmission and service of complaints for domestic violence offenses, petitions for emergency orders of protection, warrants, summonses and emergency orders of protection as authorized pursuant to the Illinois Domestic Violence Act of 1986, as amended (750 ILCS 60/101 et seq.), the Code of Criminal Procedure of 1963, as amended (725 ILCS 100-1 et seq.) and Supreme Court Rule 101(a). This System will generate paper records of such documents suitable for filing, docketing and storage by the Office of the Clerk of the Circuit Court of Cook County (the "Clerk's Office") in the traditional manner, which records shall be fully accessible to all interested parties, attorneys and the general public.
B. Upon information provided and verified by a petitioner, the Order of Protection System will generate and print a petition for an emergency order of protection. A facsimile of the original petition signed by the petitioner will be presented to a judge assigned to hear such petitions. In the event a petition is granted based upon the specific facts set forth therein, the Order of Protection System will generate and print duplicate original emergency orders of protection each containing the granting judge's facsimile signature. Such signatures will be affixed thereto by the Order of Protection System only after the judge has entered a secure, personalized and unique judicial code maintained on said System.
C. Both of the duplicate original orders of protection will further contain a facsimile "entered" stamp of the Clerk's Office, also affixed thereto by the Order of Protection System only after the deputy clerk attending the judge granting an emergency protective order has similarly entered a secure, personalized and unique code maintained on said System. Said deputy clerk shall additionally cause the affixing of a facsimile "certification" seal of the Clerk's Office to one of the duplicate original orders of protection by use of that clerk's personal code as maintained on the Order of Protection System.
D. The duplicate original order of protection containing the facsimile judge's signature, and the facsimile "entered" stamp and "certification" seal of the Clerk's Office shall be immediately transmitted electronically through the Order of Protection System to and be printed at the Office of the Cook County Sheriff. This document shall be deemed a duplicate original consistent with the applicable provisions of the Illinois Domestic Violence Act of 1986, as amended and shall constitute compliance by the Clerk's Office with Section 222(b) of said Act (750 ILCS 60/222(b)). The Office of the Cook County Sheriff shall make a copy of said document, promptly serve the printed original upon the respondent as provided under Section 222(c) thereof (750 ILCS 60/222(c)), and make a timely return of the indorsed, duplicate copy of same thereunder in accordance with Supreme Court Rule 102(d).
E. All documents generated and printed by the Order of Protection System particularly those issued in connection with petitions for and the granting of emergency orders of protection, shall be maintained by the Clerk's Office in a manner consistent with its statutory obligations and responsibilities regarding the Court's official paper and facsimile documents, as most recently summarized in the Opinion of the Illinois Attorney General No. 99-018.
[Amended, effective April 19, 2010.]
In order to facilitate the centralized management of court reporting services, the following procedures shall govern the ordering of transcripts from the Office of the Official Court Reporter. All orders for transcripts shall be made in writing and submitted to the court reporter who will acknowledge the receipt of the order. Once the transcript is prepared, the court reporter shall prepare an invoice in triplicate. This invoice shall contain the following information: date of invoice; date of order; name, address and phone number of court reporter; case name; case number; date of hearing; number of pages; price per page; amount due; amount of deposit (if any) and name, address and phone number of the party ordering the transcript. The transcript vouchers provided by the Administrative Office shall continue to be used for transcripts to be paid for by the State.
One copy of the invoice will be retained by the Administrator of the Office of the Official Court Reporter. Questions regarding invoices may be directed to the Administrator.
Remuneration for court reporting services shall be limited to the schedule of fees set by the Illinois Supreme Court as contained in the Uniform Schedule of Charges for Official Court Reporters' Transcripts. Pursuant to this Schedule, all charges for transcripts will be computed on a per page basis. The charges for regular copy delivery are $1.80 per page for the original and $.50 per page for a copy. For expedited copies (daily copy delivery), the charges are $2.10 per page for the original and $.75 per page for a copy.
A copy of this General Order shall be posted at every branch of the Office of the Official Court Reporter of the Circuit Court of Cook County in a location that is accessible to the general public.
[Dated December 7, 2000.]
Effective immediately, the Clerk of the Circuit Court of Cook County shall accept partial payments from defendants of the fines, fees, costs, reimbursements and other monetary penalties ordered by the court in matters involving criminal and non-traffic quasi-criminal offenses. Effective January 1, 2005, the Clerk of the Circuit Court of Cook County shall also accept partial payments from defendants of the fines, fees, costs, reimbursements and other monetary penalties ordered by the court in all matters involving traffic offenses. The Clerk of the Circuit Court of Cook County shall continue to accept full payment from defendants in all matters involving criminal, quasi-criminal, traffic and non-traffic quasi-criminal offenses.
The Clerk of the Circuit Court of Cook County shall accept partial payments of fines, fees, costs, reimbursements and other monetary penalties without being specifically so directed by the court.
Effective immediately, whenever in a felony, traffic, misdemeanor, municipal ordinance, or conservation case, after a finding of guilty, whether by stipulation to the facts, plea of guilty or conviction after trial, and after entry of judgment on the finding the defendant is granted court supervision or probation or is assessed a fine, there shall be assessed against the defendant two additional fees of $15.00 each, designated as a Court Automation Fee and a Document Storage Fee. These fees are over and above any other amount assessed by the Court as a fine, cost or fee in its judgment order and shall be added on and collected by the Clerk of the Circuit Court.
[Amended, effective April 6, 2006.]
1. In cases pending in any Department or Division of this court on or after the effective date of this order, all attorney fee petitions for court appointed attorneys, including petitions to pay costs of expert witnesses, court reporters, and other service providers, must be filed by the earlier of: 60 (sixty) days after entry of a final order disposing of the case or 6 (six) months after the attorney performed the service or incurred the cost.
2. In cases pending in this court on or before the effective date of this order, all fee petitions for services rendered and costs incurred more than 6 (six) months before the effective date of this order shall be filed and set for hearing by November 30, 2012.
This order supersedes all provisions governing the procedures for payment of the fees and costs of court appointed attorneys in previous orders of this Court, including orders of any Department or Division of this Court.
