Article I. General Rules · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 76 lets a sitting judge take military leave, active duty, or reserve training without losing the judicial office, and sets pay, benefits, and return-to-duty rules for that time away.
(a)Military Service During War. A judge or associate judge may serve for a period of no
more than 12 months in the state militia or the armed forces of the United States when called into active military service during war between the United States and a foreign government. The judge or associate judge’s military pay may be supplemented for the first 30 days with full pay and, thereafter, in an amount necessary to bring his or her total salary, inclusive of base military pay, to the level earned at the time he or she was called to service. After the 12-month period, a judge or associate judge who remains on active duty may request from the Supreme Court of Illinois an extension of the 12-month period.
(b)Reserve or Guard Training. A judge or associate judge who is a commissioned reserve officer or a reserve enlisted in the United States military or naval service or a member of the National Guard may serve on all days during which they are engaged in training ordered under the provisions of the United States military or naval training regulations for such personnel when assigned to active or inactive duty. Training shall be with full pay, not to exceed 30 days in each year.
(c)Benefits During Military Service. During periods of active military service, a judge or associate judge may be entitled to continued health insurance and other existing benefits, including retirement privileges. For purposes of computing whether a judge or associate judge may be entitled to retirement, a period of active military service shall be deemed continuous service in the office of said judge or associate judge.
(d)Resumption of Judicial Duties. A judge or associate judge terminating active military service shall immediately enter upon his or her judicial duties for the unexpired portion of the term for which he or she was elected or appointed.
(e)Term of Office. In the event that the term of office of a judge or associate judge shall expire during such period of active military service, the office shall be filled by election or appointment as may be required by law; provided, however, that a supreme, appellate or circuit judge in active military service shall have the right to file a declaration of candidacy and run for retention of his or her judicial seat, and an associate judge in active military service shall have the right to file a request for reappointment to his or her judicial seat.
(1)The term “active military service” as used in this rule shall signify active duty in the Illinois defense force or federal service in training or on active duty with any branch of the Army of the United States, the United States Navy, the United States Air Force, the Marine Corps of the United States, the Coast Guard of the United States, and service of all officers of the United States Public Health Service detailed by proper authority for duty either with the army or the navy, and shall include the period during which a judge or associate judge in military service is absent from duty on account of sickness, wounds, leave, or other lawful causes.
(2)The term “period of active military service” as used in this rule shall begin with the date of entering upon active military service and shall terminate with death or the date immediately next succeeding the date of release or discharge from active military service or upon return from active military service, whichever shall occur first.
Effective July 1, 1971; amended May 28, 2003, effective immediately, amended June 6, 2003, effective immediately.
Plain-English Summary
Rule 76 answers a practical question: what happens to a judge's job if the judge is called to military service? A judge or associate judge can serve up to 12 months on active duty during wartime without giving up the judicial seat, and can ask the Supreme Court to extend that period if military service continues. Reservists and National Guard members also get up to 30 days a year of paid leave for required training.
While on active duty, the judge's salary can be topped up so total pay, counting military pay, matches what the judge earned before being called up, and the judge keeps health insurance, retirement credit, and other benefits as if still on the bench. The time in service counts as continuous judicial service for retirement purposes.
Once active duty ends, the judge returns immediately to judicial duties for whatever is left of the term. If the term happens to expire during military service, the judge can still run for retention or seek reappointment despite being away.
Frequently Asked Questions
Does a judge lose the job when called to active military duty?
No. Rule 76 lets a judge serve up to 12 months on active military duty during wartime, with the option to request an extension, without losing judicial office.
How is a judge paid while on military duty?
Pay can be supplemented so the judge's total income, including military pay, matches what the judge earned before deployment.
Does military leave affect a judge's retirement credit?
No. Active military service counts as continuous judicial service for retirement purposes.
Can a judge run for retention while deployed?
Yes. If a judge's term expires during active military service, the judge can still file for retention, or an associate judge can seek reappointment.
What happens when a judge finishes military service?
The judge returns immediately to judicial duties for the rest of the term for which they were elected or appointed.
Committee Comments
(July 1,1971)
This rule was adopted pursuant to the authority granted in section 13(b) of article VI of the new Illinois Constitution to prescribe the periods of time that a judge or associate judge may serve in the State militia or armed forces of the United States without becoming disqualified from serving as a judge or associate judge.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:judge called to active dutyjudicial military leavereserve duty judge payjudge deployment retirement creditmilitary service judicial office Illinois