People v. W.D.

551 N.E.2d 357, 194 Ill. App. 3d 686, 141 Ill. Dec. 364, 1990 Ill. App. LEXIS 203
CourtAppellate Court of Illinois
DecidedFebruary 16, 1990
DocketNo. 1—87—2490
StatusPublished
Cited by28 cases

This text of 551 N.E.2d 357 (People v. W.D.) 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
People v. W.D., 551 N.E.2d 357, 194 Ill. App. 3d 686, 141 Ill. Dec. 364, 1990 Ill. App. LEXIS 203 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE COCCIA

delivered the opinion of the court:

On April 8, 1987, a petition for adjudication of wardship was filed in the circuit court of Cook County, juvenile division, alleging that W.D. was a delinquent minor (Ill. Rev. Stat. 1985, ch. 37, par. 702 — 2), because he had committed the offenses of aggravated battery and the unlawful use of a weapon. Following an adjudicatory hearing, the trial judge found W.D. delinquent as charged. At a later dispositional hearing, W.D. was made a ward of the State and recommitted to the juvenile division of the Department of Corrections, where he had been placed following a prior adjudication on unrelated charges. The minor appeals.

On appeal, W.D. raises two issues for our consideration. He contends (1) that failure of the prosecution to effect service of summons on him prior to trial, as required by section 4 — 3 of the Juvenile Court Act (Ill. Rev. Stat., 1987 Supp., ch. 37, par. 704 — 3), deprived the trial court of subject matter jurisdiction over the proceedings and rendered all subsequent orders void; and (2) that certain evidentiary rulings of the trial judge during cross-examination of State’s witnesses constituted prejudicial error which violated his sixth amendment right to confront witnesses against him (U.S. Const., amend. YI). He requests that the trial court’s orders be reversed and the case remanded for a new trial.

We first address the jurisdictional question raised by minor respondent. The record reveals that a probable cause hearing in this case was held on April 8, 1987. At this time W.D., with his aunt and custodian, Dorothy S.,1 were present in court. The public defender accepted appointment as W.D.’s counsel, waived the reading of the petition, and stipulated to the jurisdiction of the juvenile court. On the same date, Dorothy S. signed a waiver and consent document by which she waived, on behalf of herself and W.D., service of summons and any defects in service of process, and consented to the jurisdiction of the juvenile court. The trial judge ordered that W.D.’s mother, who resided at a known address in Milwaukee, Wisconsin, be served with summons by certified mail. There was a finding of “no contact” with W.D.’s father, whose address was unknown.

The trial commenced on April 22, 1987, with minor respondent and his mother present in court. W.D. was also before the court for all subsequent proceedings, including further trial proceedings on May 4, 1987, and the conclusion of the trial on May 7, 1987, when the court found him delinquent as charged. As proceedings opened on May 7, the court appointed the public defender as guardian ad litem for W.D., having been informed that his mother was not present and was apparently ill in Milwaukee.

Throughout the course of the trial, neither W.D. nor his attorney raised any objection based on lack of service on minor respondent. However, it appears from the record that service of petition and summons on W.D. did not take place until July 10, 1987, after the trial had concluded and while he was in custody pending the dispositional hearing. On that date, the public defender filed a written motion to dismiss on the ground that W.D., a named respondent, had not been personally served prior to trial as required by the Juvenile Court Act, and that this omission rendered void all subsequent court orders, including the adjudication of delinquency.

The dispositional hearing, as rescheduled, was held on July 24, 1987. W.D.’s mother, after proper and timely notice, had been excused from attendance at this and any further proceedings upon her own in-court request. Minor respondent appeared at the hearing with counsel, and the public defender was again appointed his guardian ad litem. Following arguments, the court denied W.D.’s motion to dismiss and proceeded with the dispositional hearing, at the conclusion of which it entered an order adjudicating wardship and recommitting W.D. to the Department of Corrections.

At the time of the filing of the petition in this case, section 4 — 3 of the Juvenile Court Act of 1965,2 as amended, provided in pertinent part:

“When a petition is filed, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor’s legal guardian or custodian and to each person named as a respondent in the petition.” (Ill. Rev. Stat., 1987 Supp., ch. 37, par. 704 — 3(1).)

This section was subsequently amended by the legislature to provide that summons need not be directed to a minor respondent under eight years of age for whom an appointed guardian ad litem appears at proceedings. In a recent decision, this court applied the 1988 amendment retroactively to govern juvenile proceedings which commenced in 1986 (In re R.W. (1988), 176 Ill. App. 3d 868, 531 N.E.2d 924), adopting the approach of the supreme court in In re Pronger (1987), 118 Ill. 2d 512, 517 N.E.2d 1076 (applying retroactively the previous amendment to section 4 — 3(1)). We therefore see no reason why the 1988 language should not apply here. However, regardless of whether the 1987 or the 1988 language governs, the fact that W.D. was over eight years of age is not determinative of the jurisdictional issue in this case.

Minor respondent contends that failure to timely serve him rendered all subsequent court orders void due to a consequent lack of subject matter jurisdiction. We have examined the cases cited by minor respondent to support this contention and have found them inap-posite, as the effect of any failure of service, as explained below, is determined by his own waiver of that requirement.

Initially, we observe that jurisdiction of the subject matter “is the power to adjudge concerning the general question involved, and if a complaint states a case belonging to a general class over which the authority of the court extends, the jurisdiction attaches.” (In re Vaught (1981), 103 Ill. App. 3d 802, 803, 431 N.E.2d 1231, 1232, quoting Wood v. First National Bank (1943), 383 Ill. 515, 522, 50 N.E.2d 830, 834.) In Illinois, the circuit courts have original jurisdiction of all justiciable matters. (Ill. Const. 1970, art. VI, §9; In re Sexton (1981), 84 Ill. 2d 312, 319-20, 418 N.E.2d 729, 733.) The Juvenile Court Act further provides that proceedings concerning delinquency of minors are justiciable in the circuit courts. (Ill. Rev. Stat. 1985, ch. 37, par. 702 — 1; Ill. Rev. Stat. 1987, ch. 37, par. 805 — 1.) A “delinquent minor,” for purposes of such proceedings, is defined as “any minor who prior to his 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or state law or municipal ordinance.” (Ill. Rev. Stat. 1985, ch. 37, par. 702 — 2; Ill. Rev. Stat. 1987, ch. 37, par. 805 — 3.) W.D., a 16-year-old respondent charged with violating two State criminal statutes, clearly falls within this definition. Furthermore, this court has stated that while the Juvenile Court Act dictates the procedures to be employed in certain proceedings, such as those pertaining to service of process, the mandatory nature of the provision is not necessarily a limitation on the court’s subject matter jurisdiction. (In re Vaught (1981), 103 Ill. App. 3d 802, 804, 431 N.E.2d 1231

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Bluebook (online)
551 N.E.2d 357, 194 Ill. App. 3d 686, 141 Ill. Dec. 364, 1990 Ill. App. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wd-illappct-1990.