People Ex Rel. Devine v. Stralka

877 N.E.2d 416, 226 Ill. 2d 445, 315 Ill. Dec. 664, 2007 Ill. LEXIS 1693
CourtIllinois Supreme Court
DecidedOctober 18, 2007
Docket102962
StatusPublished
Cited by38 cases

This text of 877 N.E.2d 416 (People Ex Rel. Devine v. Stralka) 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. Stralka, 877 N.E.2d 416, 226 Ill. 2d 445, 315 Ill. Dec. 664, 2007 Ill. LEXIS 1693 (Ill. 2007).

Opinions

CHIEF JUSTICE THOMAS

delivered the judgment of the court, with opinion.

Justices Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

Justice Burke specially concurred, with opinion, joined by Justices Freeman and Fitzgerald.

OPINION

The question presented in this case is whether the circuit court exceeded its lawful authority when it vacated a juvenile delinquency finding over 11 months after the date the minor pled guilty and was sentenced for the offense. We must also consider whether mandamus relief would now be appropriate to compel the court to reinstate the delinquency finding.

The State filed a petition for adjudication of wardship pursuant to section 5 — 520 of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5 — 520 (West 2004)), alleging that D.D., a minor, was delinquent because he committed the offense of unauthorized possession or storage of a weapon (720 ILCS 5/21 — 6 (West 2004)). The circuit court accepted the minor’s guilty plea and sentenced him to 12 months of probation and other conditions. Nearly one year later, Cook County Circuit Court Judge Paul Stralka granted the minor’s motion to vacate the delinquency finding. The State filed a motion with this court for leave to file a petition for a writ of mandamus or prohibition, arguing that the judge’s order granting the motion to vacate exceeded his lawful authority. We allowed the State’s motion. See 188 Ill. 2d R. 381.

BACKGROUND

D.D. was a 16-year-old with no prior criminal record at the time he was arrested by the Berwyn police on May 16, 2005, for possessing a folding knife with a three-inch blade at his school, Morton West High School. The police report of the incident indicates that a student matching D.D.’s description was observed carrying a knife. A police detective was called to the scene, and he asked D.D. if he had anything on him that he was not supposed to have. D.D. responded, “Yes, look in my right pants pocket.” The detective then recovered a knife from D.D. D.D. told police that he had not brought the item to school for any particular reason other than that he simply liked to carry it.

On May 17, 2005, the State filed a petition for adjudication of wardship in connection with the crime, charging D.D. with unauthorized possession or storage of a weapon — a Class A misdemeanor (720 ILCS 5/21 — 6 (West 2004)). The State and the minor entered into plea negotiations, and D.D. agreed to plead guilty in exchange for the State’s recommendation that he be sentenced to one year of probation and 30 hours of community service.

At the guilty plea hearing on June 23, 2005, defense counsel filed a motion requesting that the guilty plea be vacated upon successful completion of probation. The State told the court that it opposed the motion to vacate, but that it would “stand by” the offer it made to defense counsel. Defense counsel responded that he too would “stand by the agreement,” but that the minor wanted to have the opportunity to have the adjudication erased from his record. The court then stated that it would accept the plea agreement and sentence the minor to one year of probation, 30 days of community service and order him to participate in the victim-impact and violence-prevention programs. Finally, the court stated that it would “enter and continue” the motion to vacate the delinquency adjudication over the State’s objection. The court set a one-year status date for June 2, 2006.

On June 6, 2006, a hearing on the motion to vacate was held before Judge Stralka. D.D.’s probation officer informed the court that the minor had successfully completed community service and the victim-impact and violence-prevention programs. The probation officer further reported that the minor had taken his G.E.D. test, was working full time and had not caused any problems.

The State objected to vacating the delinquency finding, emphasizing the seriousness of the charge and also noting that a full year had not passed since the probation order was entered. Judge Stralka granted the motion to vacate the delinquency finding. He also ordered that D.D.’s probation be terminated and the case closed.

The Cook County State’s Attorney filed a motion in this court for leave to file a petition for a writ of mandamus or prohibition (see 188 Ill. 2d R. 381(a)), arguing that the order granting the motion to vacate was unlawful. This court granted the motion, and the parties filed briefs before this court. A special assistant Attorney General was appointed to represent Judge Stralka, who is a nominal party to the proceeding under Supreme Court Rule 381(c) (188 Ill. 2d R. 381(c)).

ANALYSIS

A writ of mandamus may be awarded if the petitioner establishes a clear legal right to relief, a clear duty of the public official to act, and a clear authority in the public official to comply with the writ, as well as the lack of other adequate remedies. People ex rel. Madigan v. Snyder, 208 Ill. 2d 457, 465 (2004). Although mandamus generally provides affirmative rather than prohibitory relief (People ex rel. Waller v. McKoski, 195 Ill. 2d 393, 398 (2001)), it can be used to compel the undoing of an act (Noyola v. Board of Education of the City of Chicago, 179 Ill. 2d 121, 133 (1997)).

Similarly, a writ of prohibition may be used to “ ‘prevent a judge from acting where he has no jurisdiction to act or to prevent a judicial act which is beyond the scope of a judge’s legitimate jurisdictional authority.’ ” People ex rel. Foreman v. Nash, 118 Ill. 2d 90, 97 (1987), quoting Daley v. Nett, 113 Ill. 2d 75, 80 (1986). There are four requirements that must be met before a writ of prohibition may be issued: (1) the action to be prohibited must be judicial or quasi-judicial in nature; (2) the jurisdiction of the tribunal against which the writ issues must be inferior to that of the issuing court; (3) the action prohibited must be outside the tribunal’s jurisdiction or, if within its jurisdiction, beyond its legitimate authority; and (4) the petitioner must be without any other adequate remedy. Zaabel v. Konetski, 209 Ill. 2d 127, 131-32 (2004). We have also held that mandamus-type relief may be awarded when the issues involved are of great importance to the administration of justice even if all the normal criteria for its issuance are not satisfied. People ex rel. Carey v. White, 65 Ill. 2d 193, 197 (1976).

We believe that the points raised by the parties correspond most closely with the question of whether a writ of prohibition is appropriate under the circumstances. The key inquiry here, then, is whether the action taken by Judge Stralka in vacating the lawfully entered delinquency finding almost one year after it was entered based on the minor’s subsequent good behavior was either (1) outside of the court’s jurisdiction, or (2) beyond the judge’s legitimate authority.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re D.V.
2024 IL App (4th) 240751 (Appellate Court of Illinois, 2024)
In re Amber S.
2024 IL App (5th) 240338-U (Appellate Court of Illinois, 2024)
In re Kelan W.
2021 IL App (5th) 210029 (Appellate Court of Illinois, 2021)
In re Jayden L.G.
2021 IL App (2d) 210093-U (Appellate Court of Illinois, 2021)
People ex rel. Alvarez v. Howard
2016 IL 120729 (Illinois Supreme Court, 2016)
People v. Fiveash
2015 IL 117669 (Illinois Supreme Court, 2015)
In re Michael D.
2015 IL App (1st) 143181 (Appellate Court of Illinois, 2015)
In re Henry B.
2015 IL App (1st) 142416 (Appellate Court of Illinois, 2015)
In re Derrico G.
2014 IL 114463 (Illinois Supreme Court, 2014)
In re Danielle J
2013 IL 110810 (Illinois Supreme Court, 2014)
In the Interest of Danielle J
2013 IL 110810 (Illinois Supreme Court, 2013)
Bremen Community High School District No. 228 v. The Cook County Comm'n on Human Rights
2012 IL App (1st) 112177 (Appellate Court of Illinois, 2012)
In Re Jonathon CB
958 N.E.2d 227 (Illinois Supreme Court, 2011)
People Ex Rel. Alvarez v. Skryd
944 N.E.2d 337 (Illinois Supreme Court, 2011)
People v. Skryd
Illinois Supreme Court, 2011
People v. Veronica C.
940 N.E.2d 1 (Illinois Supreme Court, 2010)
In re Veronica C.
Illinois Supreme Court, 2010
People v. Shatavia S.
934 N.E.2d 502 (Appellate Court of Illinois, 2010)
People v. Samantha V.
917 N.E.2d 487 (Illinois Supreme Court, 2009)
In Re Samantha
917 N.E.2d 487 (Illinois Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
877 N.E.2d 416, 226 Ill. 2d 445, 315 Ill. Dec. 664, 2007 Ill. LEXIS 1693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-devine-v-stralka-ill-2007.