People v. Ziobro
242 Ill. 2d 34
| Ill. | 2011Background
- Ziobro, Lemoine, and Wambsganss were cited for DUI and traffic offenses; first appearance dates exceeded 60 days after arrest.
- Arresting officers failed to set initial appearance within Rule 504's 14–60 day window; no evidence of impracticability was shown.
- Each defendant appeared on the original appearance date, announced ready for trial, and moved to dismiss under Rule 504.
- Circuit court dismissed the charges with prejudice, citing Rule 504 and lack of impracticability proof.
- Appellate Court affirmed dismissals; held State lacked prejudice showing and dismissal was not abuse of discretion.
- This Court reverses, holds Rule 504 is directory, and remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 504 violations justify automatic dismissal | Ziobro: State contends circuit courts may dismiss for violation without prejudice showing. | Ziobro: Circuit courts had discretion to dismiss for Rule 504 violation only upon prejudice or impracticability. | Dismissals without prejudice showing were an abuse of discretion. |
| Whether a prejudice requirement applies to Rule 504 dismissals | Ziobro: State need not prove prejudice for dismissal under rule; dismissal permissible upon practicability finding. | Ziobro: Defendant argues dismissals require prejudice to the defendant. | Disallowing automatic prejudice-based dismissal; require more than mere violation to dismiss. |
| Whether Rule 504 is mandatory or directory and its consequences on ongoing cases | Ziobro: Rule 504 operates as mandatory timing; violations trigger dismissals. | Ziobro: Rule 504 is directory; dismissal is not automatic and may be improper absent prejudice. | Rule 504 is directory; automatic dismissal not proper absent prejudice. |
Key Cases Cited
- Village of Park Forest v. Fagan, 64 Ill.2d 264 (1976) (Rule 504 timing is directory; early dates preferred but not automatic dismissal)
- People v. Alfonso, 191 Ill.App.3d 963 (1989) (Practicability test governs dismissal under Rule 504; no automatic prejudice requirement)
- People v. Walter, 335 Ill.App.3d 171 (2002) (Trial court abuse of discretion if no prejudice shown for Rule 504 violation)
- People v. Norris, 214 Ill.2d 92 (2005) (Rule 504/505 discretionary; policy of prompt trials but not inexorable command)
- People v. Delvillar, 235 Ill.2d 507 (2009) (Directory nature of Rule 504; no automatic consequences)
- Norris, 214 Ill.2d 92 (2005) (Reiterates discretionary nature of Rule 504/505; trial timing policy, not mandatory command)