In Re JR

717 N.E.2d 468, 307 Ill. App. 3d 175, 240 Ill. Dec. 375
CourtAppellate Court of Illinois
DecidedAugust 19, 1999
Docket1-98-3756
StatusPublished

This text of 717 N.E.2d 468 (In Re JR) 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
In Re JR, 717 N.E.2d 468, 307 Ill. App. 3d 175, 240 Ill. Dec. 375 (Ill. Ct. App. 1999).

Opinion

717 N.E.2d 468 (1999)
307 Ill. App.3d 175
240 Ill.Dec. 375

In re J.R., a Minor (The People of the State of Illinois, Petitioner, v. J.R., a Minor, Respondent-Appellant, and Diversified Realty Group, Inc., an Illinois corporation, Intervening Petitioner-Appellee).

No. 1-98-3756.

Appellate Court of Illinois, First District, Fourth Division.

August 19, 1999.

*469 Rita A. Fry, Public Defender of Cook County (Lester Finkle, Assistant Public Defender, of counsel), for Appellant.

Knight, Hoppe, Fanning & Knight, Des Plaines (Elizabeth A. Knight & Paul V. Regelbrugge, of counsel), for Appellee.

Justice HOFFMAN delivered the opinion of the court:

The minor respondent, J.R., appeals from an order entered by the trial court authorizing the release of his juvenile court records to Diversified Realty Group, Inc. (Diversified Realty), a defendant in a civil lawsuit that arose out of the same incident that precipitated the juvenile court proceedings. On appeal, the respondent contends that the trial court erred in releasing his juvenile court records to Diversified Realty because it was not entitled to the release of the documents under section 1-8 of the Juvenile Court Act of 1987(Act) (705 ILCS 405/1-8 (West 1996)).

In November 1995, the respondent was adjudicated delinquent for the first degree murder of a five-year-old boy. The incident that led to the victim's death occurred in a vacant apartment at a Chicago public housing complex. Following the delinquency proceedings, the victim's estate filed a civil lawsuit (Case No. 95 L 05893) against the Chicago Housing Authority (CHA); Digby Detective and Security Agency, Inc., which provided security for the complex; and Diversified Realty, which managed the property. In 1998, Diversified Realty filed a petition in juvenile *470 court, seeking the release of the respondent's criminal records and psychological reports, as well as the transcripts from the juvenile court proceedings.

At the hearing on the petition, Diversified Realty withdrew its request for the release of the respondent's psychological reports, but argued that the civil lawsuit was based on the same facts as the juvenile proceeding, and therefore, the juvenile court records were admissible in the civil lawsuit under section 1-10(1)(d) of the Act (705 ILCS 405/1-10(1)(d) (West 1996)). Diversified also offered to obtain a protective order in the civil case prior to receiving the records to insure the confidentiality of the information contained therein.

The respondent argued that section 1-8 of the Act governed the release of juvenile court records and that Diversified Realty was not listed among those persons or entities identified in subsection A as being authorized to inspect and copy his juvenile court records. The State declined to take a position on this matter and did not file a brief on appeal.

At the close of the hearing, the trial court entered an order, stating:

"[Diversified Realty] may receive the records of the above juveniles to include the transcript of proceedings (trial only) * * *. [Diversified Realty] may also have copies of the adjudication orders with names redacted. No other records shall be disclosed. [Diversified Realty] and othe[r] parties shall keep the records and information contained therein confidential and shall not disclose the information or records outside of 95 L 05893. Counsel for [Diversified Realty] will seek a protective order in 95 L 05893 before releasing records to the attorneys of record." (Emphasis added.)

The respondent requested a stay of the order pending the outcome of this appeal, but the trial court denied his request. The respondent has appealed from this order.

Initially, we reject Diversified Realty's contention that this court lacks jurisdiction to consider the merits of the respondent's claim. Under Supreme Court Rule 660(a), "[a]ppeals from final judgments in delinquent minor proceedings, except as otherwise specifically provided, shall be governed by the rules applicable to criminal cases." 134 Ill.2d R. 660(a). Thus, as asserted by the respondent, the basis for our jurisdiction lies in Rule 603, which provides that all appeals in criminal cases, other than where a United States' or Illinois' statute has been held invalid or where a sentence of death was imposed, shall be taken to the appellate court. 134 Ill.2d R. 603.

Diversified Realty, however, contends that Rule 660(b) rather than 660(a) applies to this case. Rule 660(b) provides that "[i]n all other proceedings under the Juvenile Court Act, appeals from final judgments shall be governed by the rules applicable to civil cases." Diversified Realty argues that when this matter was brought before the trial court, not only had the respondent been adjudicated delinquent, but he had already appealed that determination. Based on these circumstances, Diversified Realty contends that this matter should be considered as an "other proceeding", and therefore, the rules governing civil appeals must be applied. As such, it argues that we do not have jurisdiction over this case because the order entered by the trial court failed to satisfy the requirements of Supreme Court Rule 304 (155 Ill.2d R. 304). However, even if we were to consider the basis for our jurisdiction under the rules governing civil appeals, we would find this argument meritless.

Generally, to confer jurisdiction upon the appellate court in civil cases, the judgment or order appealed from must be final. 134 Ill.2d R. 303; Rice v. Burnley, 230 Ill.App.3d 987, 990, 172 Ill.Dec. 826, 596 N.E.2d 105 (1992). An order is final if it fixes absolutely and finally the rights of the parties and decides the litigation on *471 the merits so that the only thing remaining is execution of the judgment, if affirmed. City of Chicago Heights v. Living Word Outreach Full Gospel Church and Ministries, Inc., 302 Ill.App.3d 564, 567, 236 Ill.Dec. 208, 707 N.E.2d 53 (1998). Under Rule 304(A), if an action involves multiple parties or claims for relief, a final judgment that does not dispose of the entire proceeding can be immediately appealed only if the trial court makes an express written finding that there is no just reason to delay the enforcement or appeal of that order. 155 Ill.2d R. 304(a). Rule 304(b) merely provides five exceptions to the requirement contained in Rule 304(a). 155 Ill.2d R. 304(b). Clearly, no matters remained pending before the trial court at the time of this appeal; and thus, Rule 304 is inapplicable to the case at bar. Consequently, under either Rule 660(a) or 660(b), we have jurisdiction over the respondent's appeal.

Nonetheless, before reaching the merits of the case, we must address two other preliminary matters.

First, we must determine whether this appeal is moot because the respondent's juvenile court records have already been released to Diversified Realty. As a general rule, a court of review will dismiss an appeal where it has notice of facts which show that only moot questions or mere abstract propositions are involved or where the substantial questions raised in the trial court no longer exist. People v. D.T.,

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Bluebook (online)
717 N.E.2d 468, 307 Ill. App. 3d 175, 240 Ill. Dec. 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jr-illappct-1999.