Facts on Local Court Records

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   Illinois circuit courts were established by the Constitution of 1818. The judges, who were also the justices of the Illinois Supreme Court, were appointed by the Illinois General Assembly and served during good behavior. The period from 1818 to 1848 saw Supreme Court justices serving as circuit court judges from 1818 to 1824, 1827 to 1835, and 1841 to 1848. Independent circuit court judges were appointed by the legislature from 1824 to 1827 and from 1835 to 1841. The Constitution of 1848 provided for the election of circuit judges to six-year terms. In 1934, two additional judges were elected for each circuit. The Judicial Amendment of 1962 created two classes of judge: circuit judges and associate judges. Both were elected to six-year terms. The terms of associate judges were shortened to four years by the Constitution of 1970, and it required that they be appointed by the circuit judges.

Circuit court jurisdiction covered all criminal cases and all civil suits for more than $20. Circuit courts were empowered to hear appeals from justices of the peace as well as to naturalize citizens. In 1827, the courts gained the responsibility of seeing that prisoners in county jails were treated humanely. Since 1848, circuit courts have enjoyed almost an unlimited legal jurisdiction. In 1872, the courts gained jurisdiction over election contests in counties. This was extended in 1895 to cover contests for mayors and village presidents, in 1899 to cover contests for election to the state judiciary, and in 1965 to cover township officers. In 1921, circuit courts gained appellate jurisdiction over the decisions of the Illinois Commerce Commission. The Constitution of 1970 gave the courts unlimited rights to review the decisions of state administrative bodies.

The office of clerk of the circuit court was created by the Constitution of 1818. Statutory duties were originally limited to selecting juries, but in 1827 these were expanded to include issuing process, entering all judgments into the court record, and keeping docket and fee books. In 1829, clerks began to keep a complete court record, and they were allowed to appoint deputies in 1831. From 1818 to 1848, clerks were appointed by the circuit judges, but the Constitution of 1848 made the office elective, with a four-year term. In 1849, circuit clerks assumed the duties of ex officio county recorders. In 1865, clerks were required to keep index books to cases; in 1874, they were required to keep record books of the names of all parties to legal actions in the courts; and in 1933, they were required to file the monthly reports of the county defenders. In 1963, the duties of ex officio county recorder were transferred to the county clerk, and in 1970 the office of circuit clerk was deconstitutionalized.

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Facts on Local Probate Records

   The Illinois General Assembly granted probate jurisdiction to the clerk of the county commissioners’ court in 1819. This jurisdiction was subject to review and reversal by the commissioners’ court. Probate duties included issuing letters of administration for estates, distributing the estates of individuals who died intestate, recording all wills and letters, ruling on contested wills, receiving bonds from administrators, paying witnesses, ordering a final distribution of an estate, ordering the sale of property from an estate for payment of debts, making a pro rata distribution of assets to creditors, appointing guardians for children under the age of fourteen, approving guardians selected by children age fourteen and over, and receiving bonds from those guardians. The circuit court, which was held annually by a judge from the Supreme Court, had appellate jurisdiction in probate matters. Only two years later, in 1821, the functions of the probate court were transferred from the clerk of the county commissioners’ court to county probate courts. Probate judges were elected by the General Assembly, and served during good behavior. Their duties included those specified in 1819, with the addition of jurisdiction over bankruptcy and imprisonment for debt cases, until imprisonment for debt was abolished in 1823. That year, the judges were limited to a two year term. In 1825, their term was restored to good behavior. Jurisdiction over apprentices was added to the list of probate duties in 1833. In 1837, probate justices of the peace were established in each county. These justices were elected to four year terms. The county commissioners’ court was empowered to reverse the actions and decisions of these justices until 1845, when it lost this authority. The Constitution of 1848 moved original jurisdiction in probate cases to the newly created county courts. County judges were elected to four year terms. The Constitution of 1870 gave the General Assembly the authority to create probate courts in counties with populations of 50,000 or more. This was specified by statute in 1877, when the minimum population for a county probate court was raised to 100,000. Both judge and clerk were elected to four year terms. In 1881, the population requirement was dropped to 70,000; in 1933 it was raised again, this time to 85,000. Counties which had populations greater than 70,000 and less than 85,000 were permitted to retain the court by local option.In 1953, this local option was extended to counties with populations between 70,000 and 125,000.

By the terms of the Judicial Amendment of 1962, the functions of both the probate courts and the county courts were transferred to the circuit courts, effective January 1, 1964. Since that date, probate matters have been handled by circuit courts

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Tips for General Court Records

Excerpts From the Book "Family History Made Easy"

   Even today, few people escape mention in court records at some time during their lives as witnesses, litigants, jurors, appointees to office, or as petition signatories. However, Americans of a few generations ago also expected to attend local court proceedings when they were in session.
Arlene H. Eakle, Ph.D. “Research in Court Records”
In The Source: A Guidebook of American Genealogy

   American court files mirror U.S. history. Buried away in courthouses and archives everywhere are the dreams and frustrations of millions of citizens. The chances are great that your ancestors have left a detailed record of at least some aspects of their lives in court records.

   Most of us don’t think of court records as the rich source of personal history that they are. But America’s English heritage established a tradition of court processes in which the people have a right to participate actively—and we always have. With relative freedom from royal supervision and with court enforcement of religious as well as civil laws, American courts tried many matters that were not subject to court action in other parts of the British empire and that are now considered too minor to warrant criminal action.

   When a person dies, every state has laws that provide for public supervision over the estate that is left, whether or not there is a will. The term “probate records” broadly covers all the records produced by these laws, although, strictly speaking, “probate” applies only when there is a will.

   Family historians use probate case files far more than any other kind of court record. Probate case files are logical sources because they tend to include so much personal data, and because Americans have depended on the courts to settle their estates since North America was colonized. According to Val Greenwood in his Researcher’s Guide to American Genealogy, “All records which relate to the disposition of an estate after its owner’s death are referred to as probate records. These are many and varied in both content and value, but basically, they fall into two main classes: testate and intestate” (page 255). Probate case files generally provide names, addresses, and biographical data for the deceased, but frequently provide the same information for other relatives named in the papers. Relationships, maiden names of wives, married names of daughters, past residences, and place of origin in a native country are just a few of the details that can be discovered in probate files. And probate files can be found in courthouses and archives across the United States.

   When requesting probate information from the county clerk, it is important not to limit yourself by asking for a person’s “will.” The clerk will usually take you at your word and not copy other papers in the probate file that may have equally important information if there is no will.

   Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which might have resulted in him or her appearing in court records:

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