From Casetext: Smarter Legal Research

People v. Williams

Appellate Court of Illinois, Third District. Reversed and remanded
Oct 24, 1985
137 Ill. App. 3d 460 (Ill. App. Ct. 1985)

Opinion

Nos. 3-85-0049, 3-85-0050 cons.

Opinion filed October 24, 1985.

Appeal from the Circuit Court of Knox County; the Hon. Richard A. Porter, Judge, presiding.

Raymond Kimbell III, State's Attorney, of Galesburg (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

John F. O'Meara, of Chicago, for appellee.


The State appeals from the order of the circuit court of Knox County dismissing its complaint against the defendant, Isadore Sam Williams. The complaint charged the defendant with committing a battery in Knox County. The defendant responded with a motion to dismiss asserting that Knox County was not the proper place of trial. The trial court then granted the defendant's motion to dismiss the complaint for the State's failure to follow local circuit court rules requiring a party opposing a motion to file a response with the court at least four days prior to a hearing on the motion.

Supreme Court Rule 21(a) (87 Ill.2d R. 21(a)) authorizes circuit courts to adopt rules governing criminal and civil cases to provide for the orderly disposition of cases. Rule 21(a) mandates that local rules must be consistent with the law of the State of Illinois. Local rules promulgated under Rule 21(a) may not "abrogate, limit or modify existing law." ( People v. Schroeder (1981), 102 Ill. App.3d 133, 137, 429 N.E.2d 573, 577.) Inasmuch as existing State law does not countenance dismissal of a criminal complaint for mere failure to conform with purely local rules of court, we reverse the decision of the trial judge and remand this case for further proceedings.

Reversed and remanded.

SCOTT and STOUDER, JJ., concur.


Summaries of

People v. Williams

Appellate Court of Illinois, Third District. Reversed and remanded
Oct 24, 1985
137 Ill. App. 3d 460 (Ill. App. Ct. 1985)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ISADORE SAM…

Court:Appellate Court of Illinois, Third District. Reversed and remanded

Date published: Oct 24, 1985

Citations

137 Ill. App. 3d 460 (Ill. App. Ct. 1985)
484 N.E.2d 947

Citing Cases

Valio v. Board of Fire and Police Commissioners

See 134 Ill.2d R. 21(a) (vesting circuit courts with the power to adopt local rules as long as they do not…

People v. Sims

We question not the authority of the circuit court to adopt rules; however, such rules must be consistent…