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People v. Monaco

OPINION FILED DECEMBER 1, 1986.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,

v.

ALLEN F. MONACO, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Du Page County; the Hon. C. Andrew Hayton, Judge, presiding.

JUSTICE LINDBERG DELIVERED THE OPINION OF THE COURT:

Defendant, Allen F. Monaco, was issued uniform traffic citations for speeding in violation of section 11-601(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-601(b)) and driving while license revoked in violation of section 6-303 of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 6-303) on July 12, 1984, in Du Page County, Illinois. On motion of defendant the charges were dismissed for violation of the speedy-trial provisions of Supreme Court Rule 505 (103 Ill.2d R. 505). The State appeals contending that (1) the trial court erroneously ignored a 1977 administrative order of the circuit court of Du Page County which, pursuant to the provisions of Rule 505, relieves the State from the provisions of Rule 505 in traffic matters and ordinance violations arising in Du Page County and (2) while acknowledging that the speedy-trial provisions of section 103-5(b) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1983, ch. 38, par. 103-5(b)) operate independent of Rule 505, nonetheless, defendant's jury demand was ineffective as a speedy-trial demand under the speedy-trial statute.

Defendant has not filed an appellee's brief. Nevertheless, the record is simple, and the claimed errors are such that the court can easily decide them without the aid of an appellee's brief. Therefore, we choose to address the merits of the appeal. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill.2d 128, 133, 345 N.E.2d 493.

Supreme Court Rule 505 provides in relevant part:

"If the accused demands a trial by jury, the trial shall be scheduled within the time prescribed by section 103-5 of the Code of Criminal Procedure of 1963, as amended (Ill. Rev. Stat. 1983, ch. 38, par. 103-5). * * * Any State agency or any unit of local government desiring to be exempt from the requirements of this Rule 505 may apply to the conference of Chief Circuit Judges for an exemption." (Emphasis added.) (103 Ill.2d R. 505.)

The State has requested us to take judicial notice of the fact that there was such an exemption in effect in Du Page County. We take judicial notice of that exempting administrative order. May Department Stores Co. v. Teamsters Union Local No. 743 (1976), 64 Ill.2d 153, 159, 355 N.E.2d 7.

Administrative Order No. 77-50 provided as follows:

"STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE )

IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS

ADMINISTRATIVE ORDER NO. 77-50

WHEREAS, on October 21, 1977 the Chief Judge, on the request of the Clerk of the Circuit Court, made application to the Conference of Chief Circuit Judges to exempt the forty-four ticket writing agencies in Du Page County, with the exception of the State Highway Police, from the requirements of Rule 505 of the Supreme Court Rules; and

WHEREAS, on November 18, 1977, by unanimous vote, the Conference of Chief Circuit Judges did vote to exempt the aforesaid forty-four Du Page County ticket writing agencies from the requirements of Rule 505 of the Supreme Court Rules.

IT IS HEREBY ORDERED that the trial provisions of Rule 505 are discontinued, and that trials in traffic matters and ordinances violations in the Circuit Court of the 18th Judicial Circuit shall be held under the provisions of Rule 504, with the exception of the State Highway Police.

IT IS FURTHER ORDERED that the arresting officers in traffic cases appear ready for trial on the first Court date set, as provided in Rule 504, and that said officers not supply to the defendant the ...


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