Rule 20.03 - Court Facilities HearingIn the event the County Executive and / or the County Board fail to comply with the proposals for corrective action pursuant to Rule 20.2(b), the chairman of the committee shall file a petition styled, "In re the Court Facilities of Will County," with the Clerk of the Court. The petition shall specify the deficiencies of each such facility, the need for additional or improved facilities, the remedial action proposed, any action taken by the County Executive and/or the County Board, and prayer for appropriate relief. Upon such filing, the Chief Circuit Judge shall forthwith designate a time, date and place for hearing thereon.
(a) The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the County Executive and each member of the County Board not less than 21 days prior to the hearing. The Chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first class postage thereon and depositing it in the United States Mail not less than 21 days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.(b) A public hearing on the petition shall be held. The Chief Circuit Judge shall preside over the hearing, which shall be transcribed by a court reporter. The Chief Circuit Judge may direct that a subpoena issue to any witness deemed appropriate and may take judicial notice of reports filed by the committee. The County Executive and members of the board shall be allowed to present their views and relevant evidence.(c) Following the hearing,, the Chief Circuit Judge shall file with the Circuit Clerk his or her findings and order regarding the facility in question, together with a certification that the facility:(1) provides necessary and adequate facilities and meets applicable standards; or,(2) does not provide necessary and adequate facilities and/or meet applicable standards, but may be temporarily certified until a period ending on a date certain; or,(3) does not provide necessary and adequate facilities and / or meet applicable standards, but may be conditionally certified upon the condition that specified action is taken and completed by a date certain; or,(4) does not provide necessary and adequate facilities and/or meet applicable standards and will be discontinued for Court use.(d) Before the Chief Circuit Judge may order that new or additional court facilities be constructed or remodeled, he or she must first determine that exigent circumstances exist requiring that such an order be entered. The Chief Circuit Judge may also order that such construction or remodeling be completed by a specified date. Any such orders regarding construction or remodeling of new court facilities shall be entered against the County Executive and the County Board, and may be personally entered against the County Executive and each member of that County Board.(e) A hearing under this subsection need not be held if:(1) The Chief Circuit Judge certifies that the facility in question meets applicable standards; or,(2) The County Executive, Speaker of the County Board and the Chief Circuit Judge waive such hearing in writing. No order may be personally entered against the County Executive or members of the County Board, unless a hearing has been held or they have waived a hearing.Ill. R. Cir. Ct. Will Cnty. 20.03