People v. Walker, 93 N.E.3d 734

Christ E. Walker was convicted by a jury of multiple offenses including first degree murder and attempted murder of a peace officer and received an aggregate 69-year sentence in 2006.
Walker filed a pro se section 2-1401 petition in 2015 challenging (inter alia) a firearm enhancement and the sufficiency of evidence for attempted murder of a peace officer; the petition was filed nearly nine years after judgment and did not allege reasons for the delay.
The trial court appointed counsel for the 2-1401 petition; appointed counsel took the position he only had to present Walker’s pro se claims and declined to review transcripts or amend the petition to allege facts excusing untimeliness.
The State moved to dismiss the petition as untimely and pointed out that Walker’s petition contained no allegations of legal disability, duress, fraudulent concealment, or that the order was void.
Appointed counsel filed a general denial and requested an evidentiary hearing rather than amending the petition to plead facts (e.g., prison lockdowns and mental-health confinement) that Walker later alleged in a pro se response; the court dismissed the petition for failure to plead an excuse for untimeliness.
On appeal, the Illinois Appellate Court reversed and remanded, holding appointed counsel’s assistance was inadequate under applicable standards and ordering appointment of new counsel for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appointed counsel provided adequate assistance in a section 2-1401 proceeding	The State: counsel’s performance was adequate; dismissal was proper because petitioner failed to plead any excuse for untimeliness	Walker: counsel was inadequate for failing to amend the pro se petition to allege facts excusing the late filing and for failing to review the record	The court: counsel’s assistance was inadequate under both reasonable-assistance and due-diligence frameworks; remand and new counsel are required
Whether the untimely 2-1401 petition could be considered without pleading an exception to the 2-year limit	The State: petition untimely and no exception pleaded, so dismissal required	Walker: facts (later proffered pro se) — mental-health unit confinement, solitary conditions, lack of law access due to lockdowns — could excuse untimeliness	The court: an untimely 2-1401 petition must plead an exception (legal disability, duress, fraudulent concealment, or void order); counsel should have amended to plead available factual basis to overcome the time bar

Tedder v. Fairman, 92 Ill. 2d 216 (Ill. 1982) (appointed counsel in civil proceedings must exercise due diligence; counsel required to perform tasks assigned by the court)
People v. Pinkonsly, 207 Ill. 2d 555 (Ill. 2003) (Strickland standard does not apply to 2-1401 counsel; counsel not unreasonable for declining to raise claims where proceeding is limited)
People v. Perkins, 229 Ill. 2d 34 (Ill. 2007) (postconviction counsel must allege facts to overcome procedural bars; counsel must ensure existing claims are adequately presented)
People v. Caballero, 179 Ill. 2d 205 (Ill. 1997) (2-1401 petitions filed more than two years after judgment are barred unless an exception is shown)
People v. Welch, 392 Ill. App. 3d 948 (Ill. App. 2009) (assumed a 2-1401 petitioner with appointed counsel is entitled to the same level of assistance as a postconviction petitioner)
People v. Suarez, 224 Ill. 2d 37 (Ill. 2007) (remand is required where appointed counsel failed to provide the assistance demanded by applicable standards)
People v. Greer, 212 Ill. 2d 192 (Ill. 2004) (appointed counsel who determines claims are meritless should move to withdraw rather than file a frivolous amended petition)