In re Danielle J
2013 IL 110810
Ill.2014Background
- Danielle J., 15, was charged with misdemeanor battery and petitioned as a delinquent minor in Cook County in Jan 2010.
- Pre-trial, the State offered a nine-month continuance under supervision in exchange for a guilty plea; Danielle rejected the offer and trial proceeded.
- The trial found Danielle guilty; dispositional hearing was set, and Danielle requested a continuance under supervision.
- The State objected under 705 ILCS 405/5-615(1)(b); the circuit court found the provision unconstitutional on its face and granted supervision over objection.
- The State appealed; the court below relied on Veronica C. to limit standing and held pre-adjudication supervision issues control, vacating the unconstitutional ruling and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of 5-615(1) pre-adjudication veto | State argues provision is constitutional. | Danielle contends it violates separation of powers, equal protection, due process. | Court did not decide; vacates ruling and remands. |
| Whether the trial court erred by addressing constitutionality instead of remanding for proper first-phase supervision | State relies on Veronica C. to uphold the statute. | Danielle seeks remedy for misapplication of the statute and due process issues. | Court agrees the trial court erred; vacates and remands for new first-phase proceedings. |
| Appropriate remedy on remand | State would enter probation if proper; the issue is pre-adjudication supervision. | Danielle seeks equitable remedies or a new first-phase hearing. | Remand to permit a proper first-phase hearing and informed decision on supervision. |
| Ineffective assistance/plain error as to supervision timing | Danielle asserts counsel and court failed to raise supervision at the proper time. | State argues no prejudice; timing issues moot. | Majority finds potential ineffective assistance/plain error; remand for a new first-phase hearing. |
Key Cases Cited
- In re Veronica C., 239 Ill.2d 134 (2010) (limits standing for constitutionality challenges in juvenile cases; defines pre-adjudication supervision)
- In re Veronica C., 239 Ill.2d 134 (2010) (three-phase view; governs sequence for supervision discussion)
- In re T.W., 101 Ill.2d 438 (1984) (upholds prior use of State’s Attorney approval in other contexts)
- People ex rel. Devine v. Stralka, 226 Ill.2d 445 (2007) (addressed state’s attorney role in juvenile proceedings)
- People v. Rivera, 227 Ill.2d 1 (2007) (harmless error/Apprendi-type considerations in appellate review)