Judicial Court Divisions
The Circuit Court of Lake County is organized into seven divisions as designated by the Chief Judge. Case types and matters fall into one of the seven categories listed below:
Drug and Mental Health Division
The Drug and Mental Health Court hears selected criminal felony (CF) and other cases relating to drug and mental health issues. It provides an opportunity for the non-violent offender to address substance abuse and mental health problems in an environment that provides treatment, support, and immediate sanctions. It protects the community by closely monitoring the offenders as they address their substance abuse and mental health problems.
Family Division
The Family Division encompasses many aspects of family life. The Family Division handles cases involving disputes between spouses or domestic partners, children, or the mental competency of people.
To ease the tensions that can often be found in family cases, the traditional taxonomy of Plaintiff and Defendant have been replaced by the less confrontational appellations of Petitioner and Respondent. Additionally, cases are not designated as husband versus wife, but as “In re the marriage of” or “In re the parentage of”.
The Family Division routinely hears the following types of cases:
Adoption (AD): Adoptions can take the form of related adoptions or unrelated adoptions. In related adoptions, generally a stepparent adopts the natural child of his or her spouse. Unrelated adoptions involve adoption of a child that is not biologically related to either parent.
Dissolution (D): Dissolution of marriage is the legal term for divorce. Dissolution cases also include annulments, separations, and separate maintenance cases.
Family (F): Family cases cover a variety of matters centered around paternity. Most common are cases to establish parent-child relations, notice to putative fathers, and certain actions concerning child support.
Order of Protection (OP): An Order of Protection is a document issued by a court to help protect an individual from harassment or abuse. In an Order of Protection, a judge can set limits on another person’s behavior and contact with the party protected by the order.
Criminal Misdemeanor matters that are related to Domestic Violence (CM).
Non-criminal Mental Health (MH): Mental health cases deal with matters of involuntary commitment of those with mental illnesses. Mental health cases also deal with discharge from the commitment and restoration of legal status.
Felony Division
The Felony Division handles the most serious criminal offenses. A felony offense is an offense for which a sentence of death or to a term of imprisonment in a penitentiary for one year or more is provided. Fines for felony offenses may also be imposed which are limited to $25,000 or the amount specified in the offense, whichever is greater.
The party bringing the complaint is the State of Illinois as represented by an attorney called the prosecutor. The individual charged with the crime is called the defendant. The role of the prosecutor is to prove that the defendant committed the crime.
Some common examples of these types of cases are crimes against individuals such as murder, kidnapping, sex offenses, and aggravated assault. However, felonies may also involve property such as robbery, burglary, arson, and possession of stolen goods.
Also included in the Felony Division is the Bond Court. The law requires that a defendant who is arrested must appear before a judge within 48 hours of arrest. To comply with this law, individuals arrested in Lake County will appear in Bond Court within 48 hours of their initial arrest. In addition to the initial appearances, the Bond Court also does preliminary hearings. The Bond Court operates 5 full days per week and is open for limited hours on weekends and holidays.
The Felony Division routinely hears the following types of cases:
Contempt of Court (CC): The most common contempt cases are those where a defendant or trial participant fails to maintain the proper decorum in the courtroom. Contempt citations also occur where an individual refuses or fails to act as directed by the court.
Criminal Felony (CF): As outlined above, felony cases are those criminal violations that can result in a sentence of death or to a term of imprisonment in a penitentiary for one year or more.
Miscellaneous Remedy (MR): In the felony division, the three most common miscellaneous remedy cases are eavesdropping, fugitive from justice, and criminal forfeiture cases. Eavesdropping cases are those where a law enforcement agency asks the court for permission to monitor or record the conversation of a party without the party’s knowledge. Fugitive from justice cases involve the extradition of persons in or out of the State of Illinois. Forfeiture cases involve the forfeiture of property used in committing a crime, such as an airplane, boat, or motor vehicle used to transport drugs.
Law Division
In some civil cases, the plaintiff seeks money (also known as damages) from the defendant as compensation for injuries allegedly caused by the defendant. Some common examples are cases involving car accidents, medical malpractice, defective products, and contract disputes.
In other cases, the plaintiff seeks the court to command the defendant to do (or not do) a specific action. Some common examples of these types of cases are where a plaintiff is seeking an injunction, specific performance, enforcement of property rights, and testamentary or administrative matters such as trusts and wills.
The Law Division routinely hears the following types of cases:
Arbitration (AR): Arbitration is a mandatory program for dispute resolution. A court-appointed arbitration panel reviews the case to decide a just resolution and award. Arbitration is intended to lower court costs for litigants and allow the court to utilize judicial resources more effectively. If a party rejects the arbitration panel’s findings, the case may proceed to trial in the law division.
Chancery (CH): Chancery handles all cases where the resolution does not involve monetary damages. Such a case might involve exchanges and/or returns of property, as well as injunctions.
Eminent Domain (ED): Eminent domain cases involve the taking of private land for public projects such as schools, roads, bridges, etc.
Law (L), Law Magistrate (LM), Small Claims (SC): Law, Law Magistrate, and Small Claims courts hear cases where monetary damages are involved. The division depends on the amount of the award sought. Awards seeking damages over $50,000 are heard in the Law division, awards seeking damages between $50,000 and $10,000 are heard in the Law Magistrate division, and awards seeking damages under $10,000 are heard in Small Claims Court.
Municipal Corporation (MC): Municipal Corporation cases are routine administrative matters that require court approval. These include organizational matters, appointment of officers, approval of bonds, and routine orders confirming annexation.
Miscellaneous Remedy (MR): Many interactions with municipal, county, and state agencies initially take place as administrative hearings before that government office or agency. These offices may make rulings on matters, which can be appealed. After all administrative appeals have been exhausted, the appealer can ask for a Judicial Review of Administrative Decisions. The Miscellaneous Remedy division hears these appeals (except for tax cases). Other MR cases include change of name and extradition matters.
Tax (TX): Tax cases first take place as administrative hearings before a government office or agency, such as the Property Tax Appeals Board. After all administrative appeals have been exhausted, the taxpayer can ask for a Judicial Review of Administrative Decisions. The tax court performs the judicial reviews of those administrative decisions.
Juvenile Division
The Juvenile Division manages cases involving minors who are charged with a crime or whose health and safety are at risk.
The Juvenile Division routinely hear the following types of cases:
Juvenile (J): Juvenile cases are all cases that are covered by the Juvenile Court Act except those that are covered by the JA and JD designations. Actions covered by the J classification are sometimes known as “pre-delinquent” behaviors, or actions which are wrongful, but not criminal violations. Examples of pre-delinquent behaviors include truancy and running away from home.
Juvenile Abuse and Neglect (JA): In abuse and neglect cases, the juvenile is the victim of wrongful behavior committed by parents or caregivers.
Juvenile Delinquency (JD): Delinquency cases occur when any minor, prior to his or her 17th birthday, violates, or attempts to violate, any federal law, state law, county ordinance, or municipal ordinance.
The driving philosophy behind juvenile justice in Illinois is restorative justice. The philosophy of restorative justice holds that, along with the rehabilitation of the offender, the offender will work to "restore" the balance that existed in the community before the offense was committed. Common methods of restoration include compensating victims for their losses and public service for the offender. To protect the privacy of children, juvenile cases are not open to the public.
Misdemeanor/Traffic Division
The Misdemeanor/Traffic Division handles criminal offenses as well as traffic and ordinance violations. A misdemeanor offense is an offense for which a sentence of imprisonment in a facility other than a penitentiary for less than one year may be imposed. Fines not to exceed $2,500 or the amount specified in the offense, whichever is greater, may also be imposed. Penalties for traffic offenses and ordinance violations are generally limited to fines and, in some cases, revocation of the driver’s license.
Some common examples of cases heard by the division include petty theft, disorderly conduct, drunk driving, speeding, and illegal parking.
The Misdemeanor/Traffic Division routinely hears the following types of cases:
Criminal Misdemeanor (CM) (other than domestic violence): As detailed above, a misdemeanor violation is one where the punishment for the offense would be a sentence of imprisonment in a facility other than a penitentiary for less than one year. Generally this location would be the county jail.
Conservation Violation (CV): A conservation case designation shall be assigned to cases defined by Illinois Supreme Court Rule 501(c). Examples include fish and game violations, boating violations, snowmobile violations, and other ordinances adopted by park and forest preserve districts with the authority to legislate rules.
Driving Under the Influence (DT): DUI cases involve the violation of statutes, ordinances, or regulations governing driving under the influence of alcohol, drugs, or a combination thereof.
Order of Protection (OP): An Order of Protection is a document issued by a court to help protect an individual from harassment or abuse. In an Order of Protection, a judge can set limits on another person’s behavior and contact with the party protected by the order.
Ordinance Violation (OV): Counties and municipalities have the power to pass laws, or ordinances, regulating behavior in their boundaries. These ordinances include licensing of businesses, parking, nuisance behaviors, and the like. Violations of these ordinances are heard in this court.
Traffic Violation (TR): Traffic violations are violations of the Illinois Vehicle Code. These include both equipment and moving violations. The most common offense connected with traffic cases is speeding.
Probate and Alternative Dispute Resolution Division
The Probate, Alternative Dispute Resolution (ADR) and Juvenile Division handles the probate of wills and the administration of estates, as well as cases that are pursuing alternative methods of dispute resolution.
The Probate and ADR Division routinely hear the following types of cases:
Probate (P): Probate court handles will disputes, disputes over estates when there is no will, and guardianships for minors and disabled adults.
Arbitration (AR): Arbitration is a mandatory program for dispute resolution. A court-appointed arbitration panel reviews the case to decide a just resolution and award. Arbitration is intended to lower court costs for litigants and allow the Court to utilize judicial resources more effectively. If a party rejects the arbitration panel’s findings, the case will proceed to trial in one of the other divisions.
Mediation (selected L and CH cases): Cases that select a neutral third party (the mediator) to help facilitate a settlement.