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PEOPLE EX REL. CAREY v. CHRASTKA

Nos. 53754, 53778, 53803 cons.

83 Ill.2d 67 (1980)

413 N.E.2d 1269

THE PEOPLE ex rel. BERNARD CAREY, State's Attorney, Petitioner, v. JAMES J. CHRASTKA, Judge, et al., Respondents. — THE PEOPLE ex rel. BERNARD CAREY, State's Attorney, Petitioner, v. MILTON S. WHARTON, Judge, et al., Respondents. — THE PEOPLE ex rel. BERNARD CAREY, State's Attorney, Petitioner, v. EDWARD H. MARSALEK, Judge, et al., Respondents.

Supreme Court of Illinois.

Opinion filed December 1, 1980.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Lawrence H. Spector and Rimas F. Cernius, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (John E. Horn, Assistant Public Defender, of counsel), for respondents.

Harry F. Swanger, of St. Louis (Ross Briggs and Joel Green, of counsel), for amicus curiae Illinois Collaboration on Youth.

Steven Lubet and Harvey Grossman, of Chicago, for amicus curiae the Roger Baldwin Foundation of the American Civil Liberties Union.

Francis X Grossi, Jr., and H. Elizabeth Kelley, of Katten, Muchin, Zavis, Pearl & Galler, of Chicago (Kathleen C. Yannias, of counsel), for amici curiae John Howard Association and Chicago Law Enforcement Study Group.

Writs awarded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

These are three consolidated cases in which judges of the circuit court of Cook County held unconstitutional section 5-12 of the Juvenile Court Act (Ill. Rev. Stat., 1979 Supp., ch. 37, par. 705-12) and denied the State's petitions to proceed thereunder. We granted the State's petitions for leave to file original petitions for writs of mandamus. (See 73 Ill.2d R. 381; Ill. Const...

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