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 judge's responsibilities under Canon 2, Rule 2.15, of the Illinois Code of Judicial Conduct of 2023, the measures available to a chief judge 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 may include participation by the judge 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 program; (B) attendance at the judicial training program; (C) testing, evaluation, and/or treatment by the Lawyers’ Assistance Program or a provider of medical and 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 requirements 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 paragraph (b).

(d) Supreme Court Notice. The chief judge shall notify the Supreme Court if, despite the measures taken by the chief judge pursuant to paragraphs (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 (i) providing for assignment of judges, general or specialized divisions, and times and places of holding court and (ii) specifying the nature of any needed court-related personnel, facilities, or resources.

(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.