Wednesday, July 07, 2021

Supreme Court issues orders on speedy trials and social distancing

The Illinois Supreme Court issued two orders on June 30 which will resume statutory time restrictions for speedy trials on October 1 and relax social distancing requirements in courthouses. Both orders are effective immediately.

“It is important to note that our courts remained open during the COVID-19 pandemicand thousands of court proceedings have taken place via both in-person and virtual hearings,” Chief Justice Anne M. Burke said. “However, conducting criminal jury trials has been very difficult. These two orders will help our courts prepare for a return to a full slate of jury trials.”

M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency/Social Distancing, states that “Chief Circuit Judges of the State are permitted to relax or eliminate social distancing requirements,” and notes that the decision to do so should be based on local conditions.

M.R. 30370, Illinois Courts Response to COVID-19 Emergency/Speedy Trial, states that statutory time restrictions will no longer be tolled and that “all days on and following October 1, 2021, shall be included in speedy trial computations contained in §103-5 of the Code of Criminal Procedure of 1963 and §5-601 of the Illinois Juvenile Court Act.” This provides the chief circuit judges at least 90 days to prepare for the tolling to be lifted.

The order also states the days prior to March 20, 2020, and April 3, 2020, when the Court put out orders tolling the statutory time restrictions for §103-5 of the Code of Criminal Procedure of 1963 and §5-601 of the Illinois Juvenile Court Act, will be included in speedy trial computations.

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