Municipal Court of Chicago

Last updated
Municipal Court of Chicago
Established1837 (1837) (first court), 1906 (1906) (second court)
Dissolved1839 (1839) (first court), 1964 (1964) (second court)
Jurisdiction Chicago, Illinois
Location Chicago, Illinois, United States
Composition methodNon-partisan election
Authorized by Illinois General Assembly
Appeals from Justice of the peace courts (second court)
Judge term length2, 4, and 6 years (second court)
Number of positionsChief Justice and 27 associate justices (second court)

The Municipal Court of Chicago was the name of two municipal courts that existed at separate times in the history of the City of Chicago. These courts played crucial roles in the local judicial system, addressing both civil and criminal matters within the city.

Contents

History

Municipal Court of Chicago (1837–1839)

The first Municipal Court of Chicago was formed in 1837 by the same act of the Government of Illinois that incorporated the City of Chicago. [1] It was a court of general civil and criminal jurisdiction, operating concurrently with the Circuit Court in the city. [1] The court was part of an effort to create a more organized and efficient judicial system for the rapidly growing city. However, it was abolished in 1839, just two years after its establishment, due to the reorganization of the judicial system. [1]

Municipal Court of Chicago (1906–1964)

In 1904, an amendment to the Illinois Constitution empowered the Illinois General Assembly to "pass any law (local, special or general) providing a scheme or charter of local municipal government for the territory now or hereafter embraced within the limits of the city of Chicago," and stated that, "in case the General Assembly shall create municipal courts in the city of Chicago, it may abolish the offices of justices of the peace, police magistrates, and constables in and for the territory within said city.” [2]

Soon after, an association known as the Chicago Charter Convention elected a committee to draft and push the passage of an act establishing municipal courts in the City of Chicago. [2] A Municipal Court Act was passed by the General Assembly and was signed by Governor Charles S. Deneen on May 18, 1905. [2] It was ratified by voters of Chicago on November 7, 1905. [2] The court had jurisdiction over civil claims for money or property, as well as non-felony criminal cases. [3] [4] Further legislation was passed in 1906 and 1907 to expand the court's capabilities and jurisdiction. [4] [5]

On November 6, 1906, an election was held to elect a chief justice and 27 associate justices. [2] To provide for staggered future elections, the race saw separate elections divided by the duration of terms, with separate elections being held for sets of two-year, four-year, and six-year seats. [6]

The court commenced operation on December 3, 1906. [2] It was seen as the first of its kind in the United States, and a model for many other municipal courts. [2]

The creation of the court replaced the city's justice of the peace courts and removed the city from the jurisdiction of the remaining suburban justice of the peace courts in Cook County. [7]

To accommodate the new court temporarily, the Municipal Courts Building was constructed on Michigan Avenue.

Significance and operations

The Municipal Court of Chicago was significant not only for its jurisdiction over various types of cases but also for its role in judicial reform. It aimed to provide a more efficient and organized system for handling legal matters in a rapidly growing urban area. The court handled a wide array of cases, including civil claims, misdemeanors, and small claims, providing a crucial service to the residents of Chicago.

Dissolution

A 1964 amendment to the Illinois Constitution reorganized the courts of Illinois, and the Municipal Court of Chicago ceased to exist, with it and Cook County's other 161 courts being folded into the Cook County Circuit Court. [7] [8]

Related Research Articles

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

<span class="mw-page-title-main">Justice of the peace</span> Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.

Circuit courts are court systems in several common law jurisdictions. It may refer to:

<span class="mw-page-title-main">District court</span> Category of courts

District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

The structure of the judiciary of Texas is laid out in Article 5 of the Constitution of Texas and is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, several differences between counties, as well as an unusual bifurcated appellate system at the top level found in only one other state: Oklahoma. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse.

<span class="mw-page-title-main">Government of Illinois</span> Government of a U.S. state

The Government of Illinois, under Illinois' Constitution, has three branches of government: Executive, Legislative, and Judicial. The State's executive branch is split into several statewide elected offices, with the Governor as chief executive and head of state, and has numerous departments, agencies, boards and commissions. Legislative functions are granted to the General Assembly, a bicameral body consisting of the 118-member House of Representatives and the 59-member Senate. The judiciary is composed of the Supreme Court of Illinois and lower courts.

<span class="mw-page-title-main">Courts of Justice Act 1924</span> National law of the Irish Free State

The Courts of Justice Act 1924 was an Act of the Oireachtas that established a new system of courts for the Irish Free State. Among the new courts was the Supreme Court of the Irish Free State, and the first Chief Justice of the Irish Free State was also appointed under the Act.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.

<span class="mw-page-title-main">California superior courts</span> State trial courts with general jurisdiction

Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.

The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.

<span class="mw-page-title-main">Circuit Court of Cook County</span> Judicial circuit in Illinois, U.S.

The Circuit Court of Cook County is the largest of the 24 circuit courts in the judiciary of Illinois as well as one of the largest unified court systems in the United States – second only in size to the Superior Court of Los Angeles County since that court merged with other courts in 1998.

<span class="mw-page-title-main">Illinois circuit courts</span>

The Illinois circuit courts are state courts of the judiciary of Illinois. They are trial courts of original and general jurisdiction.

United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

<span class="mw-page-title-main">Regional Trial Court</span> Regional trial courts in the Philippines

The Regional Trial Courts are the highest trial courts in the Philippines. In criminal matters, they have original jurisdiction.

The law of Illinois consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Illinois Compiled Statutes (ILCS) form the general statutory law.

The judiciary of Illinois is the unified court system of Illinois primarily responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, the Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.

City court or municipal court is a court of law with jurisdiction limited to a city or other municipality. It typically addresses "violations of city ordinances and may also have jurisdiction over minor criminal cases...and over certain civil cases." Examples include Moscow City Court in Russia, Municipal Court of Chicago and New York City Civil Court in the United States.

The Superior Court of Cook County was a court in Cook County, Illinois.

References

  1. 1 2 3 Kent, Greene J. (1910). "The Municipal Court of Chicago". University of Pennsylvania Law Review and American Law Register. 58 (6): 335–346. doi:10.2307/3313542. JSTOR   3313542.
  2. 1 2 3 4 5 6 7 "Chicago Municipal Court records". chsmedia.org. Chicago Historical Society. Retrieved 14 March 2020.
  3. "Timeline of Judicial History | 19th Judicial Circuit Court, IL". www.19thcircuitcourt.state.il.us. Illinois 19th Circuit Court. Retrieved 23 December 2020.
  4. 1 2 "DuPage County IL – History of Illinois Courts". www.dupageco.org. DuPage County, Illinois. Retrieved 23 December 2020.
  5. "Municipal Court of Chicago Act" (PDF). State of Illinois. 1906. Retrieved 23 December 2020.
  6. Schmidt, John R. (1989). "The Mayor Who Cleaned Up Chicago" A Political Biography of William E. Dever. DeKalb, Illinois: Northern Illinois University Press.
  7. 1 2 Brown, R. Ben. "Court System". www.encyclopedia.chicagohistory.org. Encyclopedia of Chicago. Retrieved 14 March 2020.
  8. ""Illinois Constitution, Article VI, Section 7." (Operation)" . Retrieved 22 November 2014.