People Ex Rel. Devine v. Sharkey

852 N.E.2d 804, 221 Ill. 2d 613, 304 Ill. Dec. 348, 2006 Ill. LEXIS 1089
CourtIllinois Supreme Court
DecidedJune 22, 2006
Docket101171
StatusPublished
Cited by30 cases

This text of 852 N.E.2d 804 (People Ex Rel. Devine v. Sharkey) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Devine v. Sharkey, 852 N.E.2d 804, 221 Ill. 2d 613, 304 Ill. Dec. 348, 2006 Ill. LEXIS 1089 (Ill. 2006).

Opinions

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Justices McMorrow, Fitzgerald, and Kilbride concurred in the judgment and opinion.

Justice Karmeier specially concurred, with opinion, joined by Chief Justice Thomas and Justice Garman.

OPINION

Pursuant to Supreme Court Rule 381(a) (188 Ill. 2d R. 381(a)), the State’s Attorney of Cook County filed a motion with this court for leave to file a complaint seeking a writ of mandamus. We allowed the State to file the complaint. The State seeks an order compelling the Honorable Terrence Sharkey, judge of the circuit court of Cook County (respondent), to set for trial within 120 days a delinquency petition against L.J., a minor. The question before us is whether the State can utilize the speedy-trial provisions of the Juvenile Court Act of 1987 (705 ILCS 405/5 — 601(1) (West 2004)) to force a minor to go to trial within 120 days.

BACKGROUND

In 2004 the State brought three felony delinquency petitions against L. J. (the minor), in the juvenile division of the circuit court of Cook County. The charges were aggravated unlawful use of a weapon, burglary, and attempted first degree murder. The State elected first to proceed on the charge of attempted murder. However, in February 2005, the circuit court granted the State’s petition for discretionary transfer (see 705 ILCS 405/5— 805(3) (West 2004)) of that charge to the criminal division, where it remains pending.1 The juvenile court delinquency petition was subsequently nol-prossed.

In April 2005, the State attempted to elect on the minor’s unlawful use of a weapon charge and force that case to proceed to trial. Respondent, the judge before whom this motion was brought, denied the motion, expressing concern regarding the fairness of requiring the minor to prepare for two cases at once. Respondent noted that the Code of Criminal Procedure provides that the court may “upon the written motion of either party or upon the court’s own motion order a continuance *** if he finds that the interests of justice so require.” 725 ILCS 5/114 — 4(d) (West 2004). Respondent found that a continuance was appropriate and in the interests of justice, and held that the State could not unilaterally invoke the speedy-trial provision of the Juvenile Court Act (705 ILCS 405/5- — 601(1) (West 2004)), forcing the case to trial within 120 days over the objection of the minor.

As previously noted, the State instituted this original mandamus action to request that this court enter an order compelling respondent to set the case for trial within 120 days. See 155 Ill. 2d R. 381(a); Ill. Const. 1970, art. VI, § 4(a). Respondent has not filed a brief before this court, but the minor has filed a brief opposing the State’s mandamus request.

ANALYSIS

This court has discretionary original jurisdiction in mandamus actions. Ill. Const. 1970, art. VI, § 4(a). Mandamus is “ ‘an extraordinary remedy appropriate to enforce as a matter of public right the performance of official duties by a public officer where no exercise of discretion on his part is involved.’ ” People ex rel. Birkett v. Jorgensen, 216 Ill. 2d 358, 362 (2005), quoting Madden v. Cronson, 114 Ill. 2d 504, 514 (1986). Mandamus will lie only when the movant shows “ ‘a clear, affirmative right to relief, a clear duty of the [public officer] to act, and clear authority in the [public officer] to comply with the writ,’ ” not when the act in question concerns an exercise of an official’s discretion. People v. Madej, 193 Ill. 2d 395, 404 (2000), quoting Lewis E. v. Spagnolo, 186 Ill. 2d 198, 229 (1999). Further, “[w]here the writ would compel the performance of a judicial act by a lower court in pending litigation this court must necessarily consider not only whether the petitioner has shown a clear violation by the judge of a duty imposed by law but also whether issuance of the writ will be effective.” People ex rel. Carey v. Scotillo, 84 Ill. 2d 170, 175 (1981).

The State argues that section 601 of the Juvenile Court Act clearly and unambiguously gives the State the right to unilaterally demand trial. The minor contends that this construction is erroneous and the State is improperly attempting to compel respondent to rule in the State’s favor in a scheduling matter, traditionally well within a judge’s discretion.

Because the instant case involves a matter of statutoiy construction, our review is de novo. See, e.g., People v. Ramirez, 214 Ill. 2d 176, 179 (2005). Our aim is to ascertain and give effect to the true intent of the legislature, the best evidence of which is the language used in the statute itself. Where the plain language of the statute clearly reveals the legislature’s intent, that intent must prevail, and no resort to other interpretive aids is necessary. However, although statutory language ought to be given its plain and ordinary meaning, we construe statutes as a whole, with each provision construed in connection with every other section. People v. A Parcel of Property Commonly Known As 1945 North 31st Street, Decatur, Macon County, Illinois, 217 Ill. 2d 481, 499 (2005), quoting Paris v. Feder, 179 Ill. 2d 173, 177 (1997).

The State argues that this case is quite simple. Subsection (1) of section 5 — 601 of the Juvenile Court Act provides that “a trial must be held within 120 days of a written demand for such hearing made by any party” (705 ILCS 405/5 — 601(1) (West 2004)); the State is a party; therefore a trial must be held within 120 days of a written demand by the State. This argument is facially compelling. However, the minor provides a host of reasons for concluding that the answer is not nearly as clear-cut as the State suggests, which we ultimately find persuasive.

First, the minor argues that we must consider subsection (1) in context, looking to section 5 — 601 in its entirety, as well as the Juvenile Court Act generally. For instance, the minor points out that subsection (9) of section 5 — 601 provides that “Nothing in this Section prevents the minor or the minor’s parents, guardian or legal custodian from exercising their respective rights to waive the time limits set forth in this Section.” 705 ILCS 405/5 — 601(9) (West 2004). How, the minor asks, can the State’s purported unilateral right to demand trial within 120 days be reconciled with the clear provision that a minor cannot be prevented from exercising his right to waive the time limits?

The State responds that the language of subsection (9) actually cuts in favor of the State, because it reveals that in the Juvenile Court Act the legislature specifies the particular parties who have a right when it chooses to do so, suggesting that the legislature truly meant “any party,” including the State, when it used that term in subsection (1). This argument fails to come to grips with the heart of the conflict between subsection (9) and the State’s proffered construction of subsection (1), however.

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People Ex Rel. Devine v. Sharkey
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Bluebook (online)
852 N.E.2d 804, 221 Ill. 2d 613, 304 Ill. Dec. 348, 2006 Ill. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-devine-v-sharkey-ill-2006.