The Illinois Courts Commission adjudicates complaints brought by the Judicial Inquiry Board against Illinois judges. The Courts Commission has exclusive jurisdiction to hear complaints alleging that 1) a judge has engaged in willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute; or 2) the judge is physically or mentally unable to perform his or her duties.
The Courts Commission is separate and independent from the Illinois Supreme Court and the Illinois Judicial Inquiry Board. The Judicial Inquiry Board is the agency that investigates grievances regarding Illinois state judges and determines whether to file a public complaint against a judge. If the Judicial Inquiry Board determines that a public complaint against a judge is warranted, the Judicial Inquiry Board will file a complaint with the Courts Commission. The Judicial Inquiry Board is the prosecutorial arm in proceedings before the Courts Commission, and the judge against whom a complaint is filed may retain his or her own counsel. The Courts Commission will hear the evidence and determine whether the allegations contained in the Judicial Inquiry Board’s complaint were proven by clear and convincing evidence. If the Courts Commission finds that a judge has committed the alleged misconduct or that a judge is physically or mentally unable to perform his or her duties, then the Courts Commission may impose a sanction or discipline upon the judge.
In cases where the Commission finds that the judge has engaged in willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration or justice or that brings the judicial office into disrepute, the Commission may remove the judge from office, suspend the judge without pay, censure the judge, or reprimand the judge. In matters where the Commission finds that the judge is physically or mentally unable to perform his or her duties, the Commission may suspend the judge, with or without pay, or retire the judge. The Commission’s decisions are final.