Prior to Jan. 1, 2022
Effective Jan. 1, 2022
The Illinois Supreme Court announced the lifting of the pause order regarding the judicial redistricting in Public Act 102-0011 (Act), which will change the judicial district boundaries for the first time since they were established in 1964. Effective January 1, 2022, the Court’s order pausing the implementation of redistricting pursuant to the Act will be vacated.
The new order is available on the court website by clicking here.
On June 7, 2021, the Court entered the order which paused the transition to a new judicial redistricting statute. That order directed that appeals and other matters shall continue to be filed in the judicial districts as they existed on June 3, 2021, the day before Gov. Pritzker signed the Act into law on June 4, 2021. The Act was paused to give the courts sufficient time to plan and implement the significant changes it required.
Beginning on January 1, a notice of appeal initiating an appeal to the appellate court or a direct appeal to the Supreme Court pursuant to Rule 302(b) shall be transmitted by the clerk of the circuit court to the appropriate appellate district as established by the Act. Additionally, a petition or application or motion under Rule 303(d), Rule 303A, Rule 306, Rule 307(d), Rule 308, Rule 335, Rule 604(c), or Rule 606(c) will be filed in the appropriate appellate district as established by the Act. These provisions will apply regardless of the date of the judgment appealed or sought to be appealed.
Circuit courts will remain subject to the rule that states that when conflicts arise among the districts the circuit court is bound by the decisions of the appellate court of the district in which it sits. In a redistricted circuit, the appropriate appellate district will be the district in which the circuit was located at the time that the circuit court action was initiated.
If a case is heard by one appellate district on appeal and if a subsequent appeal in that case is heard by a new appellate district pursuant to this order, the new district will treat the decision of the prior district as the law of the case. That the decision of the prior district applied the law of the prior district that is contrary to the law of the new district will not be a basis for departing from the decision of the prior district.