People v. Luis R.
239 Ill. 2d 295
| Ill. | 2010Background
- State filed a Boone County circuit court delinquency petition Aug 8, 2007, alleging Luis R. was a delinquent minor for two counts of aggravated criminal sexual assault arising from 2000.
- Respondent, after turning 21, argued the court lacked jurisdiction over his person and the petition should be dismissed.
- Circuit court dismissed the petition for lack of jurisdiction; State appealed; appellate court affirmed the dismissal.
- Appellate court treated §5-120 of the Juvenile Court Act as aiming to limit who may be subjected to juvenile delinquency petitions, and concluded lack of jurisdiction.
- Supreme Court granted State’s petition for leave to appeal and analyzed whether subject matter or personal jurisdiction existed for the delinquency petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the circuit court have subject matter jurisdiction to adjudicate a delinquency petition filed when respondent is 21? | State argues the petition asserts a justiciable matter within the court’s constitutional authority. | Luis R. argues the petition targets a person beyond the Act’s scope due to age. | Yes; circuit court has subject matter jurisdiction. |
| Does the circuit court have personal jurisdiction over respondent? | State contends respondent’s appearance consents to jurisdiction. | Luis R. contends lack of service or consent deprives personal jurisdiction. | Yes; circuit court has personal jurisdiction. |
Key Cases Cited
- Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill.2d 325 (Ill. 2002) (construction of subject matter jurisdiction limits; core constitutional basis governs justiciable matters)
- In re M.W., 232 Ill.2d 408 (Ill. 2009) (defines circuit court subject matter jurisdiction as power over justiciable matters)
- In re A.H., 195 Ill.2d 408 (Ill. 2001) (age-related applicability of juvenile statutes and constitutional limits)
- Jaime P., 223 Ill.2d 526 (Ill. 2006) (premised on juvenile delinquency purpose and protections for under-21 individuals)
- People ex rel. Graf v. Village of Lake Bluff, 206 Ill.2d 541 (Ill. 2003) (statutory limits and authority considerations for juvenile proceedings)