PART 1.00 ORGANIZATION
(Effective December 1, 2006)
|1.01 Rules of Court
1.02 (Second Amendment) Chief Judge
1.03 Presiding Judge
1.04 Judicial Assignments
1.05 General Administrative Authority of Chief Judge
1.06 Courtroom Personnel
1.07 Judges' Meetings
1.08 Copies of Papers Filed
1.09 Delivery of Files to Court Staff
1.10 Files Present in Courtroom
1.11 Hours of Court
|1.12 Record Keeping|
1.13 Documents and Court Files
1.14 Court Administration
1.15 County Law Library
1.16 Court Facilities
1.17 Courtroom Decorum
1.18 Court Appearance
1.21 (Repealed) Documents to be in Accordance with Forms Herewith
1.22 Prohibition as to Gratuities
1.01 RULES OF COURT
A. The Circuit Court of Lake County, Illinois, adopts the following Rules for the conduct, government and management of business, operations, proceedings, and other functions and services of the Court.
B. The Rules shall be applied, construed and enforced so as to avoid inconsistency with other rules of court and statutes governing proceedings, functions and services of this Court. In their application and administration, they shall be construed and employed so as to provide fairness and simplicity in procedure to avoid delay; and to secure just and expeditious determination of all actions and proceedings.
C. These rules are promulgated pursuant to Section 5/1-104(b) of the Code of Civil Procedure, providing that the Circuit Court may make rules regulating their dockets, calendars and business, and Supreme Court Rule 21(a), providing that a majority of the Circuit Judges may adopt rules governing civil and criminal cases consistent with statutes and Supreme Court Rules.
D. These rules shall become effective on the first day of December, 2006; and rules in effect prior thereto will no longer be in effect.
E. Any amendment of these rules shall be passed by a majority vote of all Circuit Judges of the Circuit Court of Lake County.
F. All rules of this court, and amendments thereto, shall be filed with the Director of the Administrative Office of the Illinois Courts, Springfield, Illinois, within ten (10) days after adoption thereof pursuant to Supreme Court Rule 21(d). Copies of said rules and amendments shall be filed with the Clerk of Court of Lake County.
G. Any amendment to the Circuit Court Rules shall contain Part and Section numbers for appropriate placement within the body of the rules. The Local Court Rules and Procedures Committee shall specify the placement of any amendment at the time of the amendment’s adoption. In the event the Committee does not specify the placement of the amendment, the Chair of the Local Court Rules and Procedures Committee of the Circuit Court of Lake County is designated to assign the official Part and Section number to all amendments.
H. In the construction of these rules, the law governing the construction of statutes (5 ILCS 70/1, et seq.) shall apply. In the event of any conflict between the content of a rule and that of an administrative order, the rule shall prevail.
I. Each rule shall apply to any civil or criminal proceedings, unless contained in a part or section which limits its application.
J. Any reference in these rules to “he”, “she”, “his” or “her” is intended to be gender neutral and shall be construed to apply to each gender.
1.02 CHIEF JUDGE (Amended July, 2007, Paragraph A Amended June 2009)
Amendment to Rule 1.02, CHIEF JUDGE Of Part 1.00, ORGANIZATION, of the Uniform Rules of Practice, Circuit Court of Illinois, Nineteenth Judicial Circuit.
A. (Amended) The Chief Judge shall be a Circuit Judge elected by a majority of the Circuit Judges within the Nineteenth Judicial Circuit for a term of one year commencing on the 1st day of May of each year. The election shall occur on or before the 31st day of December in the year proceeding the year that the Chief is to begin his/her term. The Chief Judge shall serve at the pleasure of the Circuit Judges.
||Amended by the Circuit Judges|
of the Nineteenth Judicial Circuit
this 30th day of June, 2009
and effective immediately.
B. The Chief Judge shall be the Chief Judicial Officer of the Circuit and shall be the liaison in all judicial administrative matters. He shall exercise administrative supervision over all courts within the Circuit Court of Lake County. The Chief Judge may enter administrative orders over his signature, except as otherwise provided by Supreme Court or Circuit Rule. The Chief Judge has at his disposal the Administrative Office of the Courts for the Circuit Court of Lake County. This resource shall serve the Chief Judge in carrying out his administrative duties in order for the judicial circuit to best serve the citizenry of Lake County.
C. The Chief Judge shall designate one or more of the Circuit Judges to serve as Acting Chief Judge in his absence or when the Chief Judge is unable to serve. The Acting Chief Judge shall have the same powers and duties as the Chief Judge.
D. Whenever a vacancy in the office of Chief Judge occurs, any two Circuit Judges may call a meeting of the Circuit Judges for the purpose of electing a Chief Judge to fill the unexplored term of office.
E. The Chief Judge or his designee shall call and impanel Grand and Petit Juries.
||Adopted by the Circuit Judges |
of the 19th Judicial Circuit
on July 23, 2007, effective immediately.
1.03 PRESIDING JUDGE
The Chief Judge may designate such divisions as he, from time to time, deems necessary and may designate a Presiding Judge of each division.
1.04 JUDICIAL ASSIGNMENTS
The Chief Judge shall assign Circuit Judges and Associate Judges to such specific duties and responsibilities as he deems appropriate.
1.05 GENERAL ADMINISTRATIVE AUTHORITY OF CHIEF JUDGE
The Chief Judge may enter administrative orders in the exercise of his general administrative authority, including, but not limited to, orders providing for assignment of judges, general or specialized divisions, and times and places of holding court. Nothing contained in these rules is intended to restrict authority accorded by statute to the Chief Judge.
1.06 COURTROOM PERSONNEL
A. A full courtroom staff consists, at a minimum, of a judge, one courtroom clerk and one court officer. A full courtroom staff shall be maintained at all times unless waived by the court for good cause.
B. Courtroom Clerk. The courtroom clerk shall be the Circuit Clerk or a Deputy Circuit Clerk authorized to swear witnesses. The clerk shall attend court when court is in session unless excused on a case-by-case basis by the judge presiding in the particular courtroom. The clerk shall obtain all necessary files and docket sheets for cases to be heard that day, swear witnesses, maintain custody of all exhibits upon receipt from the reporter pursuant to Rule 21.02, until further order of court, and perform such other duties as may be directed by the court.
C. The court officer shall open and close court, preserve order in the courtroom, attend upon the jury when placed in his custody, and perform such other duties as may be directed by the court.
D. Court Reporters as needed. See Miscellaneous Rules 21.02.
1.07 JUDGES' MEETINGS
A. The Circuit Judges shall, from time to time, upon call of the Chief Judge, hold meetings to discuss and resolve administrative issues of the court, including approval of the Local Rules of Practice, issuance of supplemental orders, special assignments, uniform practices and any other matter relating to the overall functions of the court.
B. The Circuit Judges shall meet at least twice each year to discuss and take such action as may be requested in connection with business of the Circuit Court of Lake County. Such meetings shall include the Associate Judges of the Circuit and invited non-judicial staff or guest.
C. Special meetings may be called at any time by any two Circuit Judges within the Circuit Court of Lake County upon five (5) days notice to all Circuit Judges.
1.08 COPIES OF PAPERS FILED
Upon request and the payment of the appropriate fee, the Clerk shall provide copies of any pleading on papers filed in this Court unless otherwise specifically ordered.
1.09 DELIVERY OF FILES TO COURT STAFF
Upon request by the Court, the Clerk shall deliver a file, or any part thereof, in any case to one of the courtroom staff.
1.10 FILES PRESENT IN COURTROOM
The Clerk shall have present in Court the files of case matters set on the court’s call together with such other files as the judge may direct.
1.11 HOURS OF COURT
A. Trial Division. Unless otherwise directed by the trial judge, the hours of court are 9:00 a.m. – 4:30 p.m. Courtrooms shall be opened and staffed fifteen (15) minutes prior to the beginning of court.
B. Administrative Office. The Administrative Office of the Circuit Court of Lake County will be open for business from 8:00 a.m. – 5:00 p.m., except Saturday, Sunday and holidays as prescribed annually by Administrative Order.
C. Circuit Clerk’s Office. The Office of Clerk of the Circuit Court will be open for business from 8:30 a.m. – 5:00 p.m., except Saturday, Sunday and holidays as prescribed annually by Administrative Order. Upon request of the Clerk of the Circuit Court, and upon approval by the Chief Judge, hours may be expanded.
D. Holiday Court. The hours of holiday bond court will be established by Administrative Order.
1.12 RECORD KEEPING
The Clerk shall assign numbers on all cases filed, in accordance with the Supreme Court Manual on Record Keeping and such classification designation as may be required by local court rule or administrative order of Chief Judge.
1.13 DOCUMENTS AND COURT FILES
A. All documents shall be filed with the Clerk of the Court pursuant to Supreme Court Rules. Upon presentment to the Clerk or the Court, the Clerk shall place a file mark on the first page of each document in the upper right hand corner in the space provided. All pleadings shall include a cause entitlement and number, contain a space at least 2 by 2 inches at the upper right portion of the first page for the Clerk’s file mark, shall not contain a backing sheet and, if such pleading contains more than one page, shall be stapled at the upper left corner. With the exception of the last page of each document, forms and exhibits, only one side of each page shall be used. The case number shall not be placed in such a position that it will be obliterated by the Clerk’s file mark. The Clerk shall not file a pleading unless accompanied by the proper filing fee, if any.
B. Each pleading filed in the Court shall contain the full name, office address, telephone number and State of Illinois attorney registration number of the attorney who has prepared that pleading. In the event a law firm is listed, the full name, telephone number and attorney registration number of the attorney with primary responsibility shall be listed.
C. All briefs and legal memoranda presented to the Court shall not be filed in the Court file nor made a part of the record for appeal. Such briefs and memoranda may be delivered to the judge through the Clerk of the Court, and the Court Clerk shall stamp copies for the attorneys to show received this date with a stamp using the following words:
R E C E I V E D
LAKE COUNTY, ILLINOIS
(D A T E)
Clerk of the Circuit Court
The Clerk shall not file briefs and memoranda. Any such briefs and memoranda shall not include any additional motions or legal pleading.
D. All pleadings filed in this Court shall indicate on the back of the last page of each document the case number and the name of the document. If the last page of the document does not permit this to be done, a separate 8½” x 11” sheet shall be attached with the required information.
E. The Clerk is not required to accept for filing any document that does not comply with the Supreme Court Rules or these rules.
F. Notarizing of pleading by attorney. No pleading or entry of appearance shall be notarized by any attorney or member or employee of his firm, for an opposing party.
G. Removal of files. Original files, documents or exhibits shall not be removed from the Office of the Circuit Clerk or courtroom except by written order of Court and thereupon the party removing such item shall give the Circuit Clerk a receipt therefore. Such files, documents or exhibits shall not be retained by the party removing same for more than two days without further leave of Court.
1.14 COURT ADMINISTRATION
A. General rules and appointments. The Chief Judge may promulgate general rules for court administration.
B. Court Administration. The Chief Judge shall appoint a Court Administrator, who will function as the chief non-judicial officer of the court. In addition to assisting the development and supervision of the Court’s operations, probation, jury, law library, budgeting and personnel systems, the Administrator shall implement the administrative decisions of the Court and perform such other duties as may be assigned by the Court.
1.15 COUNTY LAW LIBRARY
The Circuit Court of Lake County shall have and maintain a Law Library that conveniently serves the legal community and public.
1.16 COURT FACILITIES
A. The Chief Judge shall designate when and where court shall be held within the circuit pursuant to Article VI, Section 7(c) of the Constitution of the State of Illinois (1970).
B. Admission to the Courthouse. The Circuit Court shall be open to the public during normal business hours. The building may be closed to the public during normal business hours when situations require this action to ensure safety and the orderly conduct of court business. The decision to close the building during normal business hours shall be made by the Chief Judge or his designee. The building shall be closed to the public after normal business hours.
C. Preservation of the Building. The willful destruction of or damage to any court facility or its contents, the creation of any hazard, and the throwing of articles of any kind within court facilities or from court facilities is prohibited.
D. The Chief Judge may, from time to time, appoint a committee of judges to inspect the court facilities within the Circuit and to determine if the personnel and resource needs of the Court are being met. The committee shall report to the Circuit Judges as to whether each courtroom, jury room and chambers meet minimum standards as provided by the Supreme Court, and whether the personnel and resources presently being provided to the Courts are adequate. The committee may prepare and submit proposals and recommendations to the County Board for its consideration and action. If appropriate action is not taken within a reasonable time as may be designated by the committee, the provisions of subsection E of this rule shall apply.
E. Upon the failure of the County Board to act pursuant to subsection D of this rule, the committee shall so report to the Chief Judge and submit to the Chief Judge its proposals and recommendations together with the response and action taken by the County Board. If the Chief Judge deems appropriate, he shall set the matter of the proposals and recommendations for the committee for administrative hearing over which he shall preside. The Clerk of the Court shall give notice of the hearing to the Chairman of the County Board and to any other person whom the Chief Judge deems to be an interested party. The notice shall be by regular U.S. mail, state the time, date and place of hearing, the matter to be reviewed, and include a copy of the proposals of the committee. The Clerk’s certificate of mailing shall be made of record. The hearing shall not be held until after thirty (30) days from the date of mailing notice.
If after hearing, the Chief Judge finds that deficiencies exist, he shall delineate the particular deficiencies, specify the corrective action to be taken by the County Board, and the time by which the corrective action is to be completed. If the County Board fails or refuses to comply, a proceeding to enforce the Chief Judge’s directive may be filed pursuant to Article XIV of the Code of Civil Procedure or in a manner as may be provided by the Supreme Court. The Chief Judge may appoint any such experts deemed necessary to examine the facilities and to present evidence at the hearing before the Chief Judge and/or upon hearing of the complaint for mandamus.
F. When appropriate, the Attorney General or the State’s Attorney of the county may represent the Court in the hearing before the Chief Judge and in the complaint for mandamus. If the Attorney General or State’s Attorney is not able to represent the Court, the Chief Judge may designate another licensed attorney at law of this State.
1.17 COURTROOM DECORUM
A. It shall be the responsibility of each judge sitting within the Circuit Court of Lake County to enforce proper courtroom decorum of all court staff, attorneys and persons within the courtroom in which he is presiding.
B. Improper behavior shall immediately be brought to the attention of the particular individual involved and, if not corrected, the Court may take appropriate action.
C. Disturbances. Any unwarranted loitering, disorderly conduct, or other conduct in a court facility which creates loud or unusual noise or a nuisance, which unreasonably obstructs the usual entrances, foyers, lobbies, corridors, offices, elevators, work areas, stairways, courtrooms, which otherwise impedes or disrupts the performance of official duties by judges and/or court personnel, or which prevents the general public from obtaining the services provided in the various court facilities in a safe and timely manner is prohibited.
D. Alcoholic beverages and narcotics. No person shall enter into or remain in a court facility while under the influence of alcoholic beverages or drugs. This prohibition shall not apply in cases where a drug is being used as prescribed for a patient by a licensed physician.
E. Dogs and Other Animals. Dogs and other animals, except seeing eye dogs or other guide dogs, shall not be brought into any court facility without leave of Court.
F. Distribution of Handbills. Distribution, posting or affixing materials, such as pamphlets, handbills or flyers, on bulletin boards or elsewhere within any or upon court facility is prohibited, except as authorized.
1.18 COURT APPEARANCE
A. Hours during which courts shall be in session are listed in Rule 1.11. Dates upon which court will be closed shall be posted in the courthouse of the Circuit Court of Lake County.
B. Prompt attendance required. Judges shall begin court promptly at the designated time. All attorneys and parties shall appear promptly before the Court. In the event that a party or attorney fails to appear promptly, the Court may impose such sanction or take such remedial action as it deems appropriate. In the event that the failure of a party or attorney to appear promptly renders it impossible to proceed, the Court may order the party or attorney failing to appear promptly to pay the reasonable costs and expenses, including attorney’s fees, to the opposing party or attorney. If counsel is required to be present in another courtroom in the same jurisdiction at the same time, he shall first check in with the clerk of the courtroom where he cannot be present at the start of the court call, provide the location of the other courtroom where he will present and so notify all other parties involved. Upon completion of the other court matter, he shall immediately return to any courtroom where he has matters pending.
A. Jurors: Selection and Terms of Service. All matters pertaining to the selection of jurors, terms of jury service and organization of the Jury Commission shall be consistent with statutes and shall be governed by administrative orders.
B. Failure to Respond to Jury Summons. Whenever a person lawfully summoned to jury duty has failed to appear and has failed to provide a reasonable and timely excuse, the Jury Commission shall assign a new date not less than thirty (30) days from the original date of service and issue a notice by first class mail advising the person of the delinquency and the new date.
1. If a summoned juror fails to appear and complete his or her jury duty, the jury commissioners may, upon proper notice to the prospective juror, motion the Court for a hearing instanter on a Petition for Rule to Show Cause why the prospective juror should not be held in contempt of Court for failing to appear and complete his or her jury duty.
2. If the Court grants the jury commissioner’s Petition, in B.1 above, and a Rule to Show Cause issues, then the Court shall set the matter for hearing and require that the prospective juror be served personally or by proper substitute service pursuant to the Illinois Code of Civil Procedure. 735 ILCS 5/2-203.
3. At said hearing on the Rule to Show Cause, the Presiding Judge, or his designee, may take testimony and may, on good cause shown, excuse the prospective juror, cause his or her name to be returned to the jury list, defer the juror to a date certain or enter such other orders or sanctions as may be appropriate.
C. Compensation of Jurors. All prospective and impaneled grand and petit jurors shall be compensated in a timely fashion from the County Treasury for per diem services and travel expenses. Said amounts are set by the County Board pursuant to statute. Approximately once each week, a list of jurors shall be submitted to the County Treasurer, indicating in itemized format the amount to be paid to each juror for their fees and travel expenses. Upon receipt of such a list, the Treasurer shall issue appropriate checks. The stub of each check shall certify the number of days served by the juror.
D. Jury Service at Coroner’s Inquest. Jury service for inquests of the County Coroner shall be provided by the Jury Commissioner, according to such rules and procedures as it deems appropriate.
E. Examination of Juror Personal History and Profile Forms.
1. Juror Personal History and Profile forms are confidential and are not public records.
2. Any such forms shall be kept on file by the Jury Commission for a period of three (3) years from the date they are filled out.
3. The only persons allowed to examine said forms are:
a. the Jury Commission;
b. the judges of the Court;
c. the Circuit Court Clerk and Deputy Clerks;
d. parties to a trial and their attorneys, during the jury selection process, but only concerning jurors on the panel for that cause; and
e. persons authorized access by court order.
4. The answers contained on any such form shall not be publicly disclosed.
5. Parties to a case and their attorneys may examine such forms after conclusion of jury selection only by order of the trial judge, or in his absence, by order of the Presiding Judge of the division in which the case is pending. Requests by other individuals or entities must be made to the Chief Judge or his designee.
F. Contact with Jurors. No party, agent of a party, or attorney shall communicate or attempt to communicate with any member of the petit jury during his term of service with the Court.
The Jury Commission shall report all such incidents to the Chief Judge or his designee.
The Chief Judge may create and appoint judges and administrative staff to various standing committees and may create and dissolve ad hoc committees when special circumstances occur. The standing committees may include, but are not limited to:
> Executive Planning
> Public Relations
> Judicial Training
> Court Services
> Court Security
> Local Court Rules and Procedures
> Law Library
> Marriage Fund Audit
> Court Facilities
> Case Management
The Chief Judge shall be an ad hoc member of each said committee.
DOCUMENTS TO BE IN ACCORDANCE WITH
All required documents, including publication notices, shall be substantially in compliance with the forms included in these Rules.
||Adopted by the Circuit Judges |
of the 19th Judicial Circuit on
July 7, 2008, effective immediately
1.22 PROHIBITION AS TO GRATUITIES
No attorney, or party shall give, either directly or indirectly, any gratuity or gift to any employee of the Circuit Court of Lake County, or any officer serving the Court where such attorney has had or is likely to have any professional or official transaction with the Court; nor shall any employee of the Circuit Court of Lake County, or any officer serving the Court, accept any gratuity or gift either directly or indirectly from any attorney or other person who has had or is likely to have any professional or official transactions with the Court of office.
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