City of Belleville v. Watts

378 N.E.2d 213, 61 Ill. App. 3d 538, 18 Ill. Dec. 749, 1978 Ill. App. LEXIS 2872
CourtAppellate Court of Illinois
DecidedMay 12, 1978
Docket77-423
StatusPublished
Cited by8 cases

This text of 378 N.E.2d 213 (City of Belleville v. Watts) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Belleville v. Watts, 378 N.E.2d 213, 61 Ill. App. 3d 538, 18 Ill. Dec. 749, 1978 Ill. App. LEXIS 2872 (Ill. Ct. App. 1978).

Opinions

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

Defendant appeals from a judgment of the circuit court of St. Clair County finding him guilty of violating a speeding ordinance of the city of Belleville.

He contends that the trial court erred in denying his motion to dismiss the proceedings against him which motion was presented by the defendant on the date the traffic ticket issued to him directed him to appear. He relied on Supreme Court Rule 504 (Ill. Rev. Stat. 1977, ch. 110A, par. 504) and section 16 — 106 of the Illinois Vehicle Code (Ill. Rev. Stat. 1977, ch. 95M, par. 16 — 106).

On March 6,1977, the defendant was issued a traffic ticket by the city of Belleville police department charging him with violation of a local ordinance regulating the speed of motor vehicles on city streets. The ticket directed him to report to the St. Clair County Circuit Court on or before March 24, 1977, to answer the charge against him.

The defendant appeared in court on March 24,1977, as directed by the appearance date on the traffic ticket and complaint and entered his plea of not guilty. At that time he also demanded a trial on the merits to be held on that date, March 24, 1977, as is provided in Supreme Court Rule 504. Neither the plaintiff city of Belleville nor the arresting officer was present in court on March 24,1977. The defendant then moved the court to dismiss the charge against him. The defendant’s motion to dismiss was denied by the court by an order entered April 6, 1977.

The cause proceeded to trial before the court on May 6,1977, at which time the defendant renewed his motion to dismiss. The motion was again denied and after hearing evidence, the court found the defendant guilty and assessed a find of $25 and costs of court.

Supreme Court Rule 504 provides:

“The date set by the arresting officer for a defendant’s appearance in court shall be not less than 10 days but within 45 days after the date of the arrest, whenever practicable. It is the policy of this court that an accused who appears and pleads ‘not guilty’ to an alleged traffic or conservation offense should be granted a trial on the merits on the appearance date set by the arresting officer. Except as provided in Rule 505, an arresting officer’s failure to appear on that date, in and of itself, shall not normally be considered good cause for a continuance.” Ill. Rev. Stat. 1977, ch. 110A, par. 504.

At the time of the proceedings in the trial court Supreme Court Rule 505 applied only to the issuance of tickets by the Illinois State Police so the language “[e]xcept as provided in Rule 505” contained in the last sentence of Rule 504 has no application to this case.

Section 16 — 106 of the Illinois Vehicle Code (Ill. Rev. Stat. 1977, ch. 95?2, par. 16 — 106) provides:

“[Notice to accused concerning multiple court appearances.] For offenses committed under the provisions of this Act or the ordinances of any municipality or park district which involve the regulation of the ownership, use or operation of vehicles, the police officers ° ° ° of such municipalities 000 shall, when issuing a traffic ticket, ° ° ° in counties other than Cook, also issue written notice to the accused in substantially the following form:
Avoid Multiple Court Appearances
If you intend to plead ‘not guilty’ to this charge, or if, in addition, you intend to demand a trial by jury, so notify the clerk of the court at least 5 days (excluding Saturdays, Sundays or holidays) before the day set for your appearance. A new appearance date will be set, and arrangements will be made to have the arresting officer present on that new date. Failure to notify the clerk of either your intention to plead ‘not guilty’ or your intention to demand a jury trial, may result in your having to return to court, if you plead ‘not guilty’ on the date originally set for your court appearance. Upon timely receipt of notice that the accused intends to plead ‘not guilty’, the clerk shall set a new appearance date not less than 7 days nor more than 49 days after the original appearance date set by the arresting officer, and notify all parties of the new date and the time for appearance. If the accused fails to notify the clerk as provided above, the arresting officer’s failure to appear on the date originally set for appearance may, in counties other than Cook, be considered good cause for a continuance.”

The only question presented in this case is whether the trial court erred in denying defendant’s motion to dismiss on the appearance date set by the arresting officer.

Appellee relies on Village of Park Forest v. Fagan, 64 Ill. 2d 264, 356 N.E.2d 59, which held that the time section of Rule 504 was directory and not mandatory. In so holding, the supreme court observed that the violation of this rule would ordinarily not cause any injury to public interest and private rights. The supreme court quoted the following language contained in Carrigan v. Liquor Control Com., 19 Ill. 2d 230, 166 N.E.2d 574:

“Ordinarily a statute which specifies the time for the performance of an official duty will be considered directory only where the rights of the parties cannot be injuriously affected by failure to act within the time indicated. However, where such statute contains negative words, denying the exercise of the power after the time named, or where a disregard of its provision would injuriously affect public interest or private rights, it is not directory but mandatory.” (19 Ill. 2d 230, 233.)

The court went on to state that in its opinion the violation of the time portion of the rule would not ordinarily cause injury to public interest or private rights and therefore held the time portion to be directory.

In our opinion the holding in the Park Forest case does not support the argument that the remaining portion of Rule 504 is also directory. The language in Rule 504 stating that it is the policy of the supreme court that an accused who pleads not guilty to a traffic offense should be granted a trial on the merits on the appearance date was obviously meant to protect the rights of the public and the rights of individuals. This is made clear by the Committee Comments which discuss the reasons for the adoption of the rule. The Committee Comments to Rule 504, in pertinent part, state:

“Traditionally, and as a matter of practice, in Cook County, if a police officer fails to appear to prosecute his case on the appearance date which he established in the ticket, the case is dismissed for want of prosecution. On the contrary, however, Paragraph E of the former Supreme Court rule expressly provided that the police officer would not be required to appear on the date he set for defendant’s first appearance. Defendants who appeared and pleaded not guilty’ were instructed that their plea would be entered and, usually, the case was continued to a future date on which the police officer would be required to appear. Some defendants had to make two or more court appearances to answer the same charge.

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City of Belleville v. Watts
378 N.E.2d 213 (Appellate Court of Illinois, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
378 N.E.2d 213, 61 Ill. App. 3d 538, 18 Ill. Dec. 749, 1978 Ill. App. LEXIS 2872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-belleville-v-watts-illappct-1978.