Illinois Appellate Court
Criminal Court
State charged Defendant, the former State's Attorney, with 13 counts of official misconduct and 4 counts of misapplication of funds. Defendant filed petition for appointment of a special prosecutor, which court granted after hearing. State filed petition for leave to file an interlocutory appeal under Rule 306(a)(7), which appellate court granted. Rule 306(a)(7) cannot serve as a basis for appellate jurisdiction. Under Rule 604(a)(1), a defendant may petition for leave to appeal, but that permission is not available to the State. Supreme Court has authority to authorize an appeal by State from interlocutory orders disqualifying state's attorney in criminal cases, but the court has not done so. (SCHMIDT and LYTTON, concurring.)