Appeal challenging the constitutionality of emergency administrative orders entered by the Supreme Court to address disruptions to the court system caused by the COVID-19 pandemic and that allowed circuit courts to toll the time restrictions set forth in section 103-5(a) of the Code of Criminal Procedure, also known as the speedy-trial statute. The Supreme Court found that because section 103-5(a) involves the scheduling of trials, the statute is a matter of court procedure and, as a result, is within the court’s constitutional authority over all statute courts and held that the order tolling the speedy-trial statute did not violate the separation-of-powers clause. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring)
Illinois Supreme Court
Criminal Court
Speedy Trial Statute