Jurisdiction and Structure of Illinois Courts and Federal Courts - Research Paper Example

Jurisdiction and Structure of Illinois Courts and Federal Courts Introduction The United States has a federal government and a state government. The federal structure of government has a defined power and control over the state government. The state government, on the other hand, is concerned with the local affairs and activities within the territorial jurisdiction of the state. As one of the three branches of government, the courts also have federal and state structures and jurisdictions. The United States Supreme Court sits in Washington, DC (Supreme Court Address, 2010). The Illinois Supreme Court is housed at the Supreme Court Building in Springfield (Illinois Supreme Court, 2011). Structure of Federal and Illinois Courts The federal judiciary of the United States is divided into 94 judicial districts (Structure of the Federal Court, n.d.), with one Supreme Court, 12 Court of Appeals and 94 District Courts distributed among the 50 states and territories (Structure of the Federal Courts, Federal Court Concepts, n.d.). The judicial districts are grouped into 12 regional circuits with one Court of Appeals for each regional circuit (Structure of the Federal Court, n.d.; Illinois’ Legal & Judicial, n.d.). Each of the 94 judicial districts has one District Court (Structure of the Federal Courts, Federal Court Concepts, n.d.). The federal court system is divided into federal judicial districts with Illinois subdivided into three: the Northern Judicial District (main office in Chicago, additional office in Rockford), Central Judicial District (main office in Springfield, other offices in Rock Island, Danville and Peoria) and Southern Judicial District (main office in East St. Louis, additional office in Benton) (Illinois’ Legal & Judicial, n.d.). The federal district courts conduct trials on issues that fall under their jurisdiction (Illinois’ Legal & Judicial, n.d.). From the district court, appeals can be raised to the Seventh Circuit Court of Appeals in Chicago (the Seventh Circuit comprises Illinois, Indiana and Wisconsin) (Illinois’ Legal & Judicial, n.d.). State Courts of Appeals do not conduct trials (Illinois’ Legal & Judicial, n.d.). A bankruptcy court, a part of the federal court system, has exclusive jurisdiction over bankruptcy cases (Illinois’ Legal & Judicial, n.d.). These courts can be found in Illinois (e.g. Chicago, Danville, Peoria, Rockford, Benton, Springfield, East St. Louis) as well as in other states (Illinois’ Legal & Judicial, n.d.). The federal Supreme Court, located in Washington, D.C., can hear appeals from the circuit courts of appeal and supreme courts of the different states in the US, as well as cases involving two or more states (Illinois’ Legal & Judicial, n.d.). Nine justices preside in the court (Illinois’ Legal & Judicial, n.d.). Figure I Structure of the Federal Courts (Source: Structure of the Federal, n.d.) Article VI of the Illinois Constitution of 1970 embodies the courts that the judiciary should have, which are: the Supreme Court, Appellate Court and the Circuit Courts (Constitution of the State, 1970). The Supreme Court is the highest court in the judicial structure (Illinois’ Legal & Judicial, n.d.). It does not hold trials but reviews the evidence and arguments presented at the trial court (Illinois’ Legal & Judicial, n.d.). The Supreme Court determines the errors committed by the appellate court and lower court, and can affirm, reverse or remand the case to the court of origin (Illinois’ Legal & Judicial, n.d.). When not appealed to the US Supreme Court (there is no federal issue), decisions of the Illinois Supreme Court become final and executory (Illinois’ Legal & Judicial, n.d.). The court issues rules for the courts within the state (Illinois’ Legal & Judicial, n.d.) which may include procedural or substantive law. There are five judicial districts in the appellate court structure (Illinois Court System, 2010). The First Judicial District comprises the Cook County while the other four districts are apportioned according to population ratio and contiguousness of the counties (Illinois Court System, 2010). The Second Judicial District comprises the Nineteenth Judicial Circuit and five more circuits (Illinois Court System, 2010). Figure II Structure of Illinois State Courts (Source: Organizational Chart of the Illinois, 2010). Article VI Sec. 7(b) provides that every Judicial Circuit should have one Circuit Court with a number of circuit judges as specified in the law (Constitution of the State, 1970). There are only 23 judicial circuits in the state of Illinois (Illinois Circuit Court General, 2011). Five of the circuits with only one county are Cook, DuPage, Will, Lake and McHenry (Illinois Circuit Court General, 2011). The remaining eighteen circuits have several counties that range from two to 12 per circuit (Illinois Circuit Court General, 2011). There are 102 counties in the state with one circuit court in each county (Circuit Courts of Illinois, 2011) (see Appendix A for the list of counties and the circuit courts). A circuit court is also called trial court (Illinois Court System, 2010). Circuit Courts can be grouped into divisions according to the kind of cases handled such as: Law Division (general civil cases), Criminal Division, Domestic Relations Division, Probate Division, and Traffic Division (Illinois Circuit Courts, 2011). A Circuit Court may also create other divisions as may be necessary (e.g. Juvenile Court, Juvenile Drug Court) (Illinois Circuit Courts, 2011). Jurisdiction of Federal and Illinois Courts A case, civil or criminal, can be filed with the federal court when it involves a federal law, the US Constitution provision is under question, or the parties are from different states with an amount exceeding $50,000 (Illinois’ Legal & Judicial, n.d.). The United States Supreme Court can hear a case without passing other courts when it has original and exclusive jurisdiction (Illinois’ Legal & Judicial, n.d.). The jurisdiction of the US Supreme Code, set out in Title 28, Part IV, Chapter 81 of the United States Code, are: original and exclusive jurisdiction over controversies between two or more States and original but not exclusive jurisdiction in the following instances: a) actions or proceedings wherein the parties involve ambassadors, other public ministers, consuls, or vice consuls of foreign states, b) controversies between the United States and a State, and c) actions or proceedings by a State against the citizens of another State or against aliens (Original jurisdiction, n.d.). The federal Court of Appeals has no original jurisdiction (Structure of the Federal, n.d.) but handles appeals from the district courts situated within its circuit and decisions appealed from federal administrative agencies (Courts of Appeals, n.d.). The Court of Appeals for the Federal Circuit can hear appeals in specialized cases (e.g. patent laws, cases decided by Court of International Trade and Court of Federal Claims) from any state (Courts of Appeals, n.d.). The US District Courts are courts of general jurisdiction and can hear civil cases wherein the US is a party, questions on Constitutional law, laws enacted by Congress, treaties, and laws pertaining to navigable waters (Court Jurisdiction, 2007). Other civil cases that the district court may handle are: the parties are citizens of different states, patent or copyright infringements, and maritime violations (Court Jurisdiction, 2007). Criminal cases cognizable by the district courts include immigration law violation, importing drugs illegally and bank robbery (Court Jurisdiction, 2007). These cases are filed by the U.S. Attorney, as the plaintiff, representing the United States (Court Jurisdiction, 2007). A civil case can be heard in both a district court and a state court such as suit between citizens from different states, but the district court has jurisdiction when the amount exceeds $50,000 (Court Jurisdiction, 2007). The Supreme Court is the highest court in Illinois (Illinois Court System, 2010). It has mandatory jurisdiction in the following cases: civil, capital criminal, juvenile, administrative agency, disciplinary, original proceeding and interlocutory decisions (Illinois Court Structure, 2004). The court can exercise discretionary jurisdiction in the following cases: civil, non-capital criminal, juvenile, administrative agency, certified questions originating from federal courts, original proceedings and interlocutory decision (Illinois Court Structure, 2004). The court has original jurisdiction over cases that pertain to revenue, mandamus, prohibition and habeas corpus and may exercise the same in order to pass a complete determination of the case under review (Constitution of the State, 1970). Death sentences from the Circuit Courts shall be appealed directly to the Supreme Court as a right of the accused (Constitution of the State, 1970). It can also issue rules that would allow other kinds of cases that can be appealed directly to it (Illinois Court System, 2010). The Court of Appeals has mandatory jurisdiction over civil cases, non-capital criminal cases, administrative agency cases, juvenile cases, original proceeding and interlocutory decision cases (Illinois Court Structure, 2004). It can assume discretionary jurisdiction in the following: civil and interlocutory decision cases (Illinois Court Structure, 2004). The appellate court determines error committed by the lower court and reviews the transcripts, and written and oral arguments from the court of origin (Illinois’ Legal & Judicial, n.d.). Based on its findings, the court can affirm or reverse the decision or remand the case to the lower court for further action (Illinois’ Legal & Judicial, n.d.). Appeals from the lower court should pass to the Court of Appeal, unless the law mandates that they should be brought before the Supreme Court (Illinois’ Legal & Judicial, n.d.). Appeals from the appellate court should be brought to the state Supreme Court (Illinois’ Legal & Judicial, n.d.). Circuit Courts are courts of general jurisdiction and has original jurisdiction in all cases (both civil and criminal) except those that belong to the Supreme Court (Illinois Court System, 2010; Illinois Circuit Courts, 2011) and the Court of Claims (Illinois Circuit Courts, 2011). A circuit court has can hear cases pertaining to revenue, mandamus, prohibition and habeas corpus, as well as review some agency administrative orders (Illinois Circuit Court General, 2011). A circuit court has jurisdiction over simple small claims in civil cases involving an amount of less than $5000 (Illinois Circuit Courts, 2011). It has no jurisdiction over cases pertaining to General Assembly redistricting or cases involving the ability of the Governor to serve or continue in office (Illinois Circuit Courts, 2011). As a court of general jurisdiction, circuit courts have exclusive jurisdiction over civil cases, appeals from administrative agencies and small claims. It also has exclusive jurisdiction over domestic relations, criminal cases, traffic and other violation cases, and juvenile cases (Illinois Court Structure, 2004). It conducts preliminary hearing on cases and allows jury trial most of the time (Illinois Court Structure, 2004). Federal and Illinois Judicial Administration The Chief Justice of the US Supreme Court is the head of the judiciary (Wheeler, 2003). He presides over the Judicial Conference, chooses the director and deputy director of the Administrative Office, and acts as chairman of the Board of the Federal Judicial Center (Wheeler, 2003). The associate justices are not vested with administrative functions (Wheeler, 2003). The administrative functions are exercised by the Judicial Conference which is composed of chief judges of the 13 courts of appeals (to serve for 7 years), one district judge from each of the 12 regional circuits (to serve from three to five years), and the Court of International Trade chief judge (Wheeler, 2003). During the Conference annual meetings (every spring and fall), annual appropriations, changes in procedures and evidentiary rules, etc. are debated, approved and denied (Wheeler, 2003). The Federal Judicial Center conducts research on federal court operations and procedures (Wheeler, 2003). It is headed by a director and a deputy director who are appointed by the nine-member Board composed of the “Chief Justice as chair, the AO director as a permanent member, and two circuit judges, three district judges, a bankruptcy judge, and a magistrate judge” (Wheeler, 2003, pp. 10-11). The Center plays an important role in education and additional learning programs for the judges (Wheeler, 2003). A circuit is different from the Court of Appeals (Wheeler, 2003). A circuit is a distinct component of the federal judicial administration and based on geographical consideration (Wheeler, 2003). The chief judge of the circuit is also the chief judge of the Court of Appeals within the circuit (Wheeler, 2003). The chief judge is appointed to the position based on seniority and has to serve seven years (Wheeler, 2003). He or she has no administrative functions (Wheeler, 2003). Circuit judicial councils are composed of circuit and district judges (equally apportioned) and the chief circuit judge (Wheeler, 2003). The councils are empowered to issue orders that would make dispensation of justice fast (Wheeler, 2003). The Circuit executive is hired by the judicial council to work with the chief judge, act as secretary to the council, assist in education programs, etc. (Wheeler, 2003). The Circuit executive may have 20 to 30 personnel under him or her (Wheeler, 2003). The responsibilities of the chief judge broadened when the Administrative Office implemented decentralization in 1985 (Wheeler, 2003). The Circuit judicial conference was created in 1939 with the purpose of "improving the administration of justice" in the circuit concerned that may include both procedural and administrative concerns (Wheeler, 2003, p. 15). The chief judge of the district court is appointed to the position through seniority (Wheeler, 2003). There is no statute that grants the chief judge administrative power but he or she functions according to statutory obligations and tradition (Wheeler, 2003. A number of courts recognize the necessity for a chief magistrate judge who exercises “administrative and coordinating duties” (Wheeler, 2003, p. 16). Every district court also has a clerk who coordinates on matters regarding national policies, financing and personnel concerns (Wheeler, 2003). The bankruptcy court, with its own clerk’s office, is headed by a chief judge and functions autonomously (Wheeler, 2003). The district court appoints the chief of this court (Wheeler, 2003). The Illinois Supreme Court consists of seven Justices (Illinois Court System, 2010; Illinois’ Legal & Judicial, n.d.). Three Justices come from the First Appellate Judicial District in Cook County, while the other four Justices represent the four Appellate Judicial Districts (Illinois Court System, 2010). A case pending before the court is decided by a majority vote of four (Illinois Court System, 2010). The Supreme Court may assign judges from the Nineteenth Judicial Circuit (Lake County) to hear and decide cases in other counties within Illinois (Illinois Court System, 2010). The court has administrative authority over all the courts within the state of Illinois (Illinois’ Legal & Judicial, n.d.). The appellate court has five districts with four to 18 judges assigned per district (Illinois’ Legal & Judicial, n.d.). The First District is based in Chicago and includes the whole of Cook County (Illinois’ Legal & Judicial, n.d.). The Second District seats in Elgin, the Third District in Ottawa, the Fourth District in Springfield, and the Fifth District in Mount Vernon (Illinois’ Legal & Judicial, n.d.). There are two classifications for a circuit court judge - a Circuit Judge and an Associate Judge (Illinois Court System, 2010). A circuit judge is elected for a six-year term and may be voted for another six years in office (Illinois Circuit Court General, 2011). The judge can be elected by voters in a circuit or a sub-circuit within a county according to vacancy to be filled (Illinois Circuit Court General, 2011). An associate judge in a circuit court is appointed by a circuit judge for a four-year term (Illinois Circuit Court General, 2011; Illinois Court System, 2010) based on merit (Illinois Court System, 2010). After the first four years, the associate judge can be retained every four years by the circuit judge (Illinois Court System, 2010). He or she can hear any case except criminal cases punishable by imprisonment of a minimum of one year but the Supreme Court may lift such restriction (Illinois Circuit Court General, 2011). The circuit judges elect one from among them to serve as the Chief Circuit Court Judge (Illinois Circuit Court General, 2011). The chief judge shall exercise administrative power over the circuit, subject to the Supreme Court’s administrative authority (Illinois Circuit Court General, 2011). He or she may assign a case to any court within the circuit’s jurisdiction (Illinois Circuit Court General, 2011). Administrative expenses of the circuit court are defrayed from state funds (for Mandatory Arbitration Program, salaries and benefits of judges and court reporters), state funds that reimburse counties to offset expenditures for some positions in Court Services (Probation), and revenues of the county revenues (Illinois Court System, 2010). The judges and court personnel liaise and coordinate with the County Board and County Administrator's Office in several work procedures (e.g. automation, personnel management, budgeting, purchasing, building maintenance) in order to achieve maximum productivity (Illinois Court System, 2010). References Circuit Courts of Illinois. (2011, January 6). Judici. Retrieved 26 January 2011, from http://www.judici.com/courts/illinois_courts.jsp Constitution of the State of Illinois. (1970, December 15). Retrieved 25 January 2011, from http://www.ilga.gov/commission/lrb/conmain.htm Court Jurisdiction. (2007, October 31). United States District Court: Southern District of California. Retrieved 31 January 2011, from http://www.casd.uscourts.gov/index.php?page=court-jurisdiction Courts of Appeals. (n.d.). United States Courts. Retrieved 31 January 2011, from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/CourtofAppeals.aspx Illinois Supreme Court Building Information. (2011). Illinois Courts. Retrieved 25 January 2011, from http://www.state.il.us/court/supremecourt/building.asp Illinois Circuit Court General Information. (2011). Illinois Courts. Retrieved 26 January 2011, from http://www.state.il.us/court/circuitcourt/CCInfoDefault.asp Illinois Circuit Courts. (2011). The Guide to Illinois Courts. Retrieved 31 January 2011, from http://www.courtreference.com/Illinois-Courts.htm Illinois Court Structure. (2004). Retrieved 25 January 2011, from http://www.judicialselection.us/uploads/documents/Illinois_1184080090363.pdf Illinois Court System. (2010). Nineteenth Judicial Circuit Court of Lake County, Illinois. Retrieved 25 January 2011, from http://www.19thcircuitcourt.state.il.us/Organization/Pages/il_crts.aspx. Illinois’ Legal & Judicial System. (n.d.). Guide to Illinois Law. Weblocator. http://www.weblocator.com/attorney/il/law/illegjud.html Organizational Chart of the Illinois Courts. (2010). Retrieved 30 January 2011, from http://www.19thcircuitcourt.state.il.us/Organization/Documents/OrgChart-ILCrt08.pdf Original jurisdiction. (n.d.). U.S. Code. Cornell University Law School. Retrieved 29 January 2011, from http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.law.cornell.edu/uscode/28/ch81.html Structure of the Federal Courts. (n.d.). Federal Court Concepts. Retrieved 28 January 2011, from http://www.catea.gatech.edu/grade/legal/structure.html Structure of the Federal Court System. (n.d.). Retrieved 28 January 2011, from http://www.msubillings.edu/COEFaculty/Hobbs/structure_of_the_federal_court.htm Supreme Court Address. (2010). Supreme Court Address. Retrieved 29 January 2011, from http://www.visitingdc.com/capitol/supreme-court-address.htm Original jurisdiction. (n.d.). U.S. Code. Cornell University Law School. Retrieved 29 January 2011, from http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.law.cornell.edu/uscode/28/ch81.html Wheeler, R. (2003). A New Judge’s Introduction to Federal Judicial Administration. Federal Judicial Center. Retrieved 2 February 2011, from http://www.fjc.gov/public/pdf.nsf/lookup/NewJudge.pdf/$file/NewJudge.pdf Appendix A List of Circuit Courts in the Counties Adams County, IL Circuit Court Alexander County, IL Circuit Court Bond County, IL Circuit Court Boone County, IL Circuit Court Brown County, IL Circuit Court Bureau County, IL Circuit Court Calhoun County, IL Circuit Court Carroll County, IL Circuit Court Cass County, IL Circuit Court Champaign County, IL Circuit Court Christian County, IL Circuit Court Clark County, IL Circuit Court Clay County, IL Circuit Court Clinton County, IL Circuit Court Coles County, IL Circuit Court Cook County, IL Circuit Court Crawford County, IL Circuit Court Cumberland County, IL Circuit Court DeKalb County, IL Circuit Court DeWitt County, IL Circuit Court Douglas County, IL Circuit Court DuPage County, IL Circuit Court Edgar County, IL Circuit Court Edwards County, IL Circuit Court Effingham County, IL Circuit Court Fayette County, IL Circuit Court Ford County, IL Circuit Court Franklin County, IL Circuit Court Fulton County, IL Circuit Court Gallatin County, IL Circuit Court Greene County, IL Circuit Court Grundy County, IL Circuit Court Hamilton County, IL Circuit Court Hancock County, IL Circuit Court Hardin County, IL Circuit Court Henderson County, IL Circuit Court Henry County, IL Circuit Court Iroquois County, IL Circuit Court Jackson County, IL Circuit Court Jasper County, IL Circuit Court Jefferson County, IL Circuit Court Jersey County, IL Circuit Court Jo Daviess County, IL Circuit Court Johnson County, IL Circuit Court Kane County, IL Circuit Court Kankakee County, IL Circuit Court Kendall County, IL Circuit Court Knox County, IL Circuit Court LaSalle County, IL Circuit Court Lake County, IL Circuit Court Lawrence County, IL Circuit Court Lee County, IL Circuit Court Livingston County, IL Circuit Court Logan County, IL Circuit Court Macon County, IL Circuit Court Macoupin County, IL Circuit Court Madison County, IL Circuit Court Marion County, IL Circuit Court Marshall County, IL Circuit Court Mason County, IL Circuit Court Massac County, IL Circuit Court McDonough County, IL Circuit Court McHenry County, IL Circuit Court McLean County, IL Circuit Court Menard County, IL Circuit Court Mercer County, IL Circuit Court Monroe County, IL Circuit Court Montgomery County, IL Circuit Court Morgan County, IL Circuit Court Moultrie County, IL Circuit Court Ogle County, IL Circuit Court Peoria County, IL Circuit Court Perry County, IL Circuit Court Piatt County, IL Circuit Court Pike County, IL Circuit Court Pope County, IL Circuit Court Pulaski County, IL Circuit Court Putnam County, IL Circuit Court Randolph County, IL Circuit Court Richland County, IL Circuit Court Rock Island County, IL Circuit Court Saline County, IL Circuit Court Sangamon County, IL Circuit Court Schuyler County, IL Circuit Court Scott County, IL Circuit Court Shelby County, IL Circuit Court St Clair County, IL Circuit Court Stark County, IL Circuit Court Stephenson County, IL Circuit Court Tazewell County, IL Circuit Court Union County, IL Circuit Court Vermilion County, IL Circuit Court Wabash County, IL Circuit Court Warren County, IL Circuit Court Washington County, IL Circuit Court Wayne County, IL Circuit Court White County, IL Circuit Court Whiteside County, IL Circuit Court Will County, IL Circuit Court Williamson County, IL Circuit Court Winnebago County, IL Circuit Court Woodford County, IL Circuit Court (Source: Circuit Courts of Illinois, 2011) Read More