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The Supreme Court of Illinois is the state's highest tribunal. It derives its basic functions from courts of the territorial period: the General Court, 1809-1814, and the Supreme Court of the Illinois Territory, 1814-1818. The Supreme Court exercises appellate jurisdiction except in those cases in which it exercises original jurisdiction. The 1818 Constitution assigned original jurisdiction to the Supreme Court in cases relating to revenue, cases of mandamus, and in impeachment cases required to be tried before it. Original jurisdiction for impeachment was withdrawn under the 1870 Constitution. The Supreme Court's original jurisdiction now extends to such cases as those involving habeas corpus, prohibition, redistricting of the General Assembly, and the ability of the Governor to serve or resume office. The 1970 Constitution also reduced the instances in which direct and mandatory appeals may be made to the Supreme Court.
The number of justices sitting on the Supreme Court has varied from three to nine according to constitutional provision and statute. Under the 1818 Constitution the General Assembly elected the justices by joint ballot. Under subsequent constitutions and statutes the justices were popularly elected from geographical districts.
The 1818 Constitution required the Supreme Court to conduct its business at the seat of state government. In order to make the Supreme Court more accessible to the people of Illinois, the 1848 Constitution divided the state into three nearly equal Grand Divisions in each of which the Supreme Court held its annual session on a rotating basis. In 1897 the three Grand Divisions were consolidated into one Grand Division and the Supreme Court was required to sit at Springfield (L. 1897, p. 200).
At various times during Illinois' first constitutional period the General Assembly required the justices of the Supreme Court to serve simultaneously as circuit court judges. This function ceased in 1848. In 1877 the appellate courts were created and the General Assembly authorized the Supreme Court to appoint appellate court judges from existing circuit court judges (L. 1877, p. 69). The procedure for selecting appellate court judges was not modified until 1963 when the positions became elective (L. 1963, p. 2643).
In 1927 the General Assembly authorized the Supreme Court to appoint two Commissioners of the Supreme Court to prepare reports and make statements of facts and opinions on any legal questions involved in cases which the full Supreme Court assigned to them (L. 1927, p. 392). The Supreme Court then could either approve, modify, or reject such reports. Approved reports became the official opinion of the Supreme Court and carried the same authority as an opinion written by one of its justices. The General Assembly renewed this provision in 1929 and 1931; but when it failed to do so in 1933 the office ceased to exist.
In 1833 the General Assembly authorized the Supreme Court to keep a record of licensed attorneys for the State of Illinois and to remove or disbar any attorney for misconduct in office (L. 1833, p. 99). Prior to disbarment, however, the attorney had to receive a written notice from the Clerk of the Supreme Court specifically stating the grounds of the complaint or charges against him and in turn he was allowed to present evidence for his justification. In 1933 the Supreme Court modified this disbarment procedure by authorizing specified committees of the Illinois State and Chicago Bar Associations to serve as Commissioners of the Supreme Court. The sole function of these Commissioners, as distinct from the Commissioners mentioned above, is to receive and investigate complaints against attorneys and then to issue subpoenas and conduct hearings. If, at the conclusion of the hearings, action by the Supreme Court is recommended, the Commissioners report their conclusion of law and facts. The attorney charged with misconduct, after being duly notified of the report, may file with the Supreme Court exceptions, briefs, abstracts, and other records which tend to support his exceptions. The final judgment on disbarment remains with the Supreme Court.
In 1879 the Supreme Court was given authorization to make rules regulating judicial practice in Illinois, a function which continues in force. The amended Judicial Article of 1964 and the 1970 Constitution each name the Supreme Court as the administrative office of the Illinois judicial system.
One of the most important employees of the Supreme Court is the Clerk whose duties remain essentially the same as those first assigned in 1819. The Clerk attends the Supreme Court's sittings personally or by deputy, issues writs, keeps the records and seal of the Supreme Court, and performs other duties assigned by the Supreme Court or by statute. Under the 1818 Constitution the Clerk and his assistants were chosen by the Supreme Court. In 1848 the Office of Clerk became elective, remaining so until the 1970 Constitution again made the position appointive.
The Supreme Court also employs a court reporter to print and publish its decisions, a marshal (previously designated sheriff and then bailiff) to maintain order and decorum, a librarian to administer the Supreme Court library, and an administrative director and staff to assist the Supreme Court in the general administration of the Illinois judicial system.
901.001
CASE FILES. 1820-1970. 7,314 cu. ft. Index, 1820-1936. (note: Multiple commercial automated on-line services index the printed Illinois Reports by a variety of means.)
Record consists of individual files for every case appealed to the Supreme Court. The quantity and substance of material in each file varies greatly and depends both upon the disposition of each case and on the removal of material in accordance with Supreme Court rules. However, for those cases in which the Supreme Court did make a ruling, the court's official opinion forms the core of the record.
Material relating to action of lower courts includes record of lower court proceedings including briefs and abstracts filed, transcripts of evidence and testimony, motions and petitions filed, and opinions of lower courts.
Documents filed with the Supreme Court by appellant,
appellee, petitioner, or respondent include briefs and reply briefs; briefs amicus curiae; abstracts, additional abstracts, and short abstracts of record; notice of intention to file petition for rehearing; petitions and motions including petitions for rehearing; respondent's reply to petitions; suggestions in support of and in opposition to motions; affidavits filed in support of motions; counter suggestions and objections to motions; cross motions; proof of service of brief and abstract and affidavit of service; declaration of intent to argue orally before the court; application for
supersedeas; appearance by attorney or by counsel; and assignment of error (often a part of lower court proceedings).
Files also include opinions of Supreme Court; report of Commissioners of Supreme Court, approved and promulgated as official opinion of the court (1927-1933), Supreme Court orders often to effect ruling on motion, writs issued by the court, transcript of testimony for cases in which Supreme Court exercised original jurisdiction, abstract of agreed facts, stipulations consisting of agreements between appellee and appellant or petitioner and respondent, and notice that trial records were returned under Rule 42. Files also include incoming correspondence to justices of the Supreme Court and incoming and outgoing correspondence of the Clerk of the Supreme Court concerning individual cases.
901.002
ISSUE DOCKET BOOK. September 1809-December 1820. 1 microfilm roll. No index.
Docket book entries of the territorial General Court (1809-1814), the Supreme Court of the Illinois Territory (1814-1818), and the Supreme Court of Illinois (1818-1820) include the court term date, the names of the plaintiff and the defendant, the kind of action taken (e.g., indictment, recognizance, judgment, debt), and the kind of issue (e.g., writ of error awarded, returned, error assigned). Occasionally included are the initials of the attorneys for the plaintiff and the defendant and remarks (e.g., continued, motion to amend bill).
901.003
DOCKET BOOKS. September 6, 1814-December 3, 1823. 1 microfilm roll. Partial index.
Docket books show court date, names of plaintiff and defendant, and type of action taken (e.g., writs issued and received, motions made, attorneys enrolled). Occasionally included are transcripts of actions taken.
901.004
ROLLS OF ATTORNEYS. July 14, 1817-April 6, 1860. 2 microfilm rolls. No index.
Rolls of attorneys licensed to practice law in the state include the attorney's name, license date, and entry date.
901.005
COURT RULES 1819; 1838; 1841; 1843; 1844. 2 microfilm rolls. No index.
Specifications for court rules include court term dates, rule categories, and rule texts.
901.006
LIBRARY CATALOGUE. Ca. 1848. 1 microfilm roll. No index.
Record of library holdings includes for each entry the book's title, the author's last name, and the volume's purchase price. Occasionally included are the number of volumes per set and the total purchase price of the set.
These records are available at the Illinois State Archives, Office of the Secretary of State.
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