NCJ Number
53799
Journal
Chicago-Kent Law Review Volume: 54 Issue: 1 Dated: (1977) Pages: 69-115
Date Published
1977
Length
47 pages
Annotation
THE TWO-TIERED JUDICIAL DISCIPLINARY SYSTEM IN ILLINOIS, CREATED IN 1970 TO SEPARATE INVESTIGATIVE AND PROSECUTORIAL FUNCTIONS FROM THE ADJUDICATIVE FUNCTION, IS DETAILED.
Abstract
INVESTIGATIVE AND PROSECUTORIAL FUNCTIONS AND THE ADJUDICATIVE FUNCTION ARE ALLOCATED BETWEEN TWO INDEPENDENT CONSTITUTIONALLY CREATED AGENCIES, THE JUDICIAL INQUIRY BOARD AND THE COURTS COMMISSION. THE JUDICIAL INQUIRY BOARD CONSISTS OF NINE MEMBERS (THREE LAWYERS, FOUR NONLAWYERS, AND TWO JUDGES); THE COURTS COMMISSION CONSISTS ENTIRELY OF JUDGES. PROBLEM AREAS IN THE ILLINOIS SYSTEM CONCERN CONFIDENTIALITY, SOURCES FROM WHICH THE JUDICIAL INQUIRY BOARD MAY DERIVE THE MEANING OF CONSTITUTIONAL STANDARDS, WHETHER THE SYSTEM HAS JURISDICTION OF JUDICIAL MISCONDUCT THAT IS REVIEWABLE ON APPEAL, PROSECUTORIAL DISCRETION, AND DUE PROCESS. THE ILLINOIS SYSTEM IS COMPARED WITH THE APPROACH ADOPTED IN CALIFORNIA TO HANDLE JUDICIAL DISCIPLINE. ADDITIONAL INFORMATION ON THE ILLINOIS SYSTEM IS APPENDED, AND CASE LAW IS REVIEWED. (DEP)