Ill. Sup. Ct. R. 21

As amended through March 29, 2024

Rule 21 - Circuit Court Rules and Filing of Rules; Administrative Authority; General Orders

(a) Circuit Court Rules. A majority of the circuit judges in each circuit may adopt rules governing civil and criminal cases, including remote appearances, which are consistent with these rules and the statutes of the State, and which, so far as practicable, shall be uniform throughout the State. All rules of court shall be filed with the Administrative Director within 10 days after they are adopted.

(b) Administrative Authority. Subject to the overall authority of the Supreme Court, the chief circuit judge shall have the authority, among other things, to determine the hours of court and of the judges in the circuit, the available leave time to which a judge is entitled, and when the judge's conduct negatively affects the operations of the court or public confidence in the court, to direct how that judge must conduct himself or herself. In the exercise of this general administrative authority, the chief judge shall take or initiate appropriate measures to address the persistent failure of any judge to perform his or her judicial duties or to comply with a directive from the chief judge.

(c)Voluntary Program to Address Certain Types of Judicial Conduct. In accordance with paragraph (b) and the chief iudge's responsibilities under Canon 2, Rule 2.15, of the Illinois Code of Judicial Conduct of 2023, the measures available to a chief iudge to address the persistent jailure of any judge to perform his or her iudicial duties or to comply with a directive jrpm the chief judge may include participation by the iudge in a voluntary program under this paragraph (c) if the chief judge concludes that (i) participation in the program will help the judge address the conduct in question; (ii) use of that measure will benefit and not harm the public, the courts, and the administration of justice; and (iii) the judge's conduct does not involve dishonesty, fraud, deceit, or misrepresentation.

(1) A voluntary program under paragraph (c) shall require the judge to complete one or more of the following activities;

(A) a mentoring profirami

(B) attendance at a judicial training program;

(C) testing, evaluation, and/or treatment by the Lawyers' Assistance Program or a provider of medical or psychological services; and

(D) any other requirement agreeable to the chief judge and the judge,

(2) The terms of the voluntary program shall be set forth in a written agreement between the chief judge and the judge The agreement shall specify the purpose of the program, the reciyirements of the program, the deadline by which the requirements shall be completed, and any responsibility of the judge for payment of costs.

(3) If the judge fails to comply with the requirements of the agreement and the conduct that prompted the agreement has persisted, the chief judge shall take or initiate appropriate measures under paragraphs (b) and (d).

(4) If the judge refuses to enter into a proposed voluntary, agreement the chief judge shall take or initiate other appropriate measures under paragrarA (b)

(d)Supreme Court Notice. The chief judge shall notify the Supreme Court if, despite the measures taken by the chief judge pursuant to paragraph (b) or (c) a judge continues to fail to perform his or her judicial duties or to comply with a directive from the chief judge following the later of at least 30 days or the deadline for completion of a program pursuant to paragraph (c).

(e) General Orders. The chief judge of each circuit may enter general orders in the exercise of his or her general administrative authority, including orders providing for assignment of judges, general or specialized divisions, and times and places of holding court.

(f) Proceedings to Compel Compliance With Certain Orders Entered by a Chief Circuit Judge. Any proceeding to compel a person or agency other than personnel of the circuit court to comply with an order of the chief circuit judge pursuant to paragraph (e) shall be commenced by filing a complaint and summons and shall be tried without a jury by a judge from a circuit other than the circuit in which the complaint was filed. The proceedings shall be conducted as in other civil cases.

Ill. Sup. Ct. R. 21

Amended August 9, 1983, effective 10/1/1983; amended 12/1/2008, effective immediately; amended November 24, 2020, effective 1/1/2021; amended Sept. 29, 2021, eff. 10/1/2021; amended December 30, 2022, eff. 1/1/2023.

Committee Comments

(Revised January 1, 2021)

This rule ncludes paragraphs (2), (3), and (4) of former Rule 1, which was revised effective January 1, 1964.

Paragraph (b) clarifies that a chief circuit judge's administrative role includes the authority, and the responsibility, to address the persistent failure of any judge to perform his or her judicial duties. Such failure may be due to, among other things, professional incompetence, poor case load management, or chronic absenteeism. The chief judge also has authority to direct how a judge must conduct himself or herself if the judgels conduct negatively affects the operations of the court or public confidence in the court. The chef circuit judge shall take or initiate appropriate measures if a judge persistently fails to performjus or her judicial duties or comply with a directive from the chief judge. Depending on the circumstances, "appropriate measures" may include, among other things, reassignment of the judge to administrative or other judicial duties the provision of counseling, the assignment of a mentor, or referral to the Judicial Inquiry Board.

Paragraph (c) is new. Modeled on the diversion program for lawyers developed by the Attorney Registration and Disciplinary Commission it authorizes achie judge to address certain conduct by a judge that requires the chief iudge to "take or initiate appropriate disciplinary measures" under paragraph (b) by affording the judge an opportunity to enter into a voluntary agreement intended to help the judge correct or terminate the conduct in Question, Dependinon the nature of the chief judge's obligation to "take or initiate appropriate disciplinary measures" under Supreme Court Rule 63B(3), it is anticipated that in most instances a voluntary agreement that results in the desired change to the iudge's conduct will obviate any need for the chief iudge to refer the iudfie to the Judicial Inouiry Board. In situations where a chief judge is required by Rule 61B(3) to refer the judge to the Judicial Inquiry Board, a voluntary agreement will not eliminate that obligation. See Illinois Judicial Ethics Committee Opinion No. 2003-04 (addressing a judge's ethical responsibility to "take or initiate appropriate disciplinary measures" with respect to a judge or lawyer's violation of the asplicable ethics rules.

Paragraph (d) is also new. It provides for notice to the Supreme Court if measures taken by a chief judge to address a judge's persistent failure to perform his or her, judicial duties or to comply with a directive from the chief iudge do not result improvement in the judge's behavior within 30 days or following completion of a voluntary program under paragraph (c).

Paragraph (e) has been revised to authorize the chief judge to issue orders specifying the nature of any needed court-related personnel facilities, or resources. If deemed necessary by the chief judge, noncompliance with any such order can be addressed in a proceeding pursuant to paragraph (f), with a determination of the enforceability of the order requiring due regard for separation of powers and other relevant considerations. See Knueufer v. Fawell, 96 I11.2d 284 (1983) (addressing authority of chief judge to exercise the inherent power of the courts to require production of facilities, personnel, and resoiirces reasonably necessary to enable the performance of judicial functions with efficiency, independence, and dignity).