IN RE T.W.

No. 58824.

101 Ill.2d 438 (1984)

463 N.E.2d 703

In re T.W., a Minor, Appellee (The People of the State of Illinois, Appellant).

Supreme Court of Illinois.

Rehearing denied June 4, 1984.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Dennis Schumacher, State's Attorney, of Oregon (Phyllis J. Perko and Judith M. Pietrucha, of the State's Attorneys Appellate Service Commission, of Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Michael Braun, Assistant Defender, of the office of the State Appellate Defender, of Elgin, for appellee.


Judgment reversed; cause remanded.

JUSTICE UNDERWOOD delivered the opinion of the court:

At issue here is whether section 4-7(1)(b) of the Juvenile Court Act (Ill. Rev. Stat., 1982 Supp., ch. 37, par. 704-7(1)(b)), requiring the consent of the State's Attorney before a court may order a "continuance under supervision," violates the separation-of-powers doctrine embodied in the Illinois Constitution (Ill. Const. 1970, art. II, sec. 1). The case arises from...

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