21st Judicial Circuit Court, Iroquois County, Illinois Adjournment & Extension Requirements

CRITICAL

Criminal and traffic proceedings scheduled from November 9 through December 31, 2020, are continued, except Statutory Summary Suspension hearings, which proceed as scheduled.

All criminal and traffic proceedings that are scheduled to be called for any purpose between November 9, 2020 and December 31, 2020, are hereby continued, except in the case of Statutory Summary Suspension hearings which shall proceed as scheduled;

CRITICALCriminal cases

Circuit and Associate Judges are authorized to continue criminal and juvenile cases, with continuances excluded from speedy-trial computations and the specified statutory time restrictions tolled until further order of the Illinois Supreme Court.

It is hereby ordered that all Circuit and Associate Judges in the 21st Judicial Circuit are authorized to continue criminal and juvenile cases. Pursuant to amended Illinois Supreme Court Order M.R. 30370, such continuances serve the ends of justice and outweigh the best interests of the public and defendants in a speedy trial. Therefore, such continuances shall be excluded from speedy trial computations contained in section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) and section 5-601 of the Illinois Juvenile Court Act (705 ILCS 405/5-601 (West 2018))). Statutory time restrictions in section 103-5 of the Code of Criminal Procedure of 1963 and section 5-601 of the Juvenile Court Act shall be tolled until further order of the Illinois Supreme Court.

CRITICAL

Statutory Summary Suspension hearings are excluded from the schedule continuances and remain on their original court dates.

Statutory Summary Suspension hearings are not continued pursuant to this schedule and will proceed on their originally scheduled court date.

CRITICAL

Exhibit C reschedules the listed criminal and traffic proceedings in Courtrooms 109, 200, 300, and 309 to the corresponding dates shown; the May 25 entry displays no new date.

COURT SCHEDULE, EXHIBIT C* | | | | --- | --- | --- | | CURRENT COURT DATE: | | NEW COURT DATE: | | Monday, May 18, 2020 | ————— ▶ | Monday, July 06, 2020 | | Tuesday, May 19, 2020 | ————— ▶ | Tuesday, July 28, 2020 | | Wednesday May 20, 2020 | ————— ▶ | Wednesday, July 29, 2020 | | Thursday, May 21, 2020 | ————— ▶ | Thursday, July 30, 2020 | | Friday, May 22, 2020 | ————— ▶ | Friday, July 31, 2020 | | | | | | | | | | | | | | Monday, May 25, 2020 | ————— ▶ | XXXXXXXXXX | | Tuesday, May 26, 2020 | ————— ▶ | Tuesday, August 04, 2020 | | Wednesday, May 27, 2020 | ————— ▶ | Wednesday, August 05, 2020 | | Thursday, May 28, 2020 | ————— ▶ | Thursday, August 06, 2020 | | Friday, May 29, 2020 | ————— ▶ | Friday, August 07, 2020 | | | | | | | | | | *This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse.

CRITICALCriminal cases

When distancing or facility limitations prevent a trial from proceeding safely, the judge must find that those limitations necessitated the delay and make a record of that finding.

This provision also applies when a trial is delayed when the Court determines proper distancing and facilities limitations prevent the trial from proceeding safely. The judge in the case must find that such limitations necessitated the delay and shall make a record thereof.

CRITICAL

Before June 1, 2020, juvenile delinquency and criminal proceedings are limited to matters involving juveniles in custody and detention hearings deciding whether a juvenile will remain in custody.

For delinquency and criminal proceedings involving juveniles, the only matters that will occur prior June 1, 2020, are juveniles in custody and detention hearings that determine if a juvenile is held in custody while the case is pending.

CRITICAL

Continued criminal and traffic trials and proceedings are reset to the date on the attached Court Schedule, while keeping their scheduled time.

All criminal and traffic trials and proceedings continued pursuant to paras. 1 and 2 above are reset to the date specified on the Court Schedule, attached hereto as Exh. A. The scheduled time shall not change, i.e., a case previously scheduled to be called at 9:30 am will remain at 9:30 am on its new date.

CRITICAL

Most adult criminal trials and hearings scheduled before June 1, 2020, are postponed, except for the listed proceedings that will proceed before that date.

For all adult criminal cases, felony, misdemeanor, and traffic, most trials and hearings scheduled for a date before June 1, 2020, are postponed to a future date. See Court Schedule Exhibit A, B, & C. Hearings that will proceed prior to June 1, 2020, include bail hearings, arraignments, preliminary hearings, initial and second-look bail hearings, statutory summary suspension hearings, victim orders of protection, emergency motions, medical recognizance hearings, juvenile detention hearings, shelter care hearings, mental health hearings, bond reduction motions, continuation of subpoenas, proceedings involving in custody defendants, and Saturday/Holiday morning bond call hearings.

CRITICAL

Mediation must be completed within four weeks of the first conference unless extended by court order or party stipulation.

Mediation shall be completed within 4-weeks of the 1st mediation conference unless extended by court order or stipulated by the parties.

CRITICAL

Continued juvenile proceedings are reset to a date determined by the Court, while keeping their scheduled time.

All juvenile court proceedings continued pursuant to paras. 9 and 10 above will be reset to a date determined by the Court. The scheduled time shall not change, i.e., a case previously scheduled to be called at 9:30 am will remain at 9:30 am on its new date.

CRITICAL

Jury trials in civil and criminal matters may not begin before June 1, 2020.

No jury trials in civil or criminal matters will begin until June 1, 2020.

CRITICAL

Criminal and traffic jury and bench trials scheduled from November 9 through December 31, 2020, are continued, and the delay is not attributable to either party for speedy-trial purposes.

All criminal and traffic trials (both jury and bench) that are scheduled to commence between November 9, 2020 and December 31, 2020 are hereby continued by Order of the Chief Judge. Pursuant to IL Supreme Court Order M. R. 30370, any delay shall not be attributable to either the State or the Defendant for purposes of 725 ILCS 5/103-5;

CRITICAL

The listed court dates for criminal and traffic proceedings in Courtrooms 109, 200, 300, and 309 are continued to their corresponding new dates in the schedule.

## COURT SCHEDULE 11/9/20 - 12/31/20 | CURRENT COURT DATE | NEW COURT DATE: | | --- | --- | | Monday, November 9, 2020 | Monday, February 8, 2021 | | Tuesday, November 10, 2020 | Tuesday, February 9, 2021 | | Wednesday, November 11, 2020 | Wednesday, February 10, 2021 | | Thursday, November 12, 2020 | Thursday, February 11, 2021 | | Friday, November 13, 2020 | Friday, February 19, 2021 | | | | | Monday, November 16, 2020 | Monday, February 1, 2021 | | Tuesday, November 17, 2020 | Tuesday, February 2, 2021 | | Wednesday, November 18, 2020 | Wednesday, February 3, 2021 | | Thursday, November 19, 2020 | Thursday, February 4, 2021 | | Friday, November 20, 2020 | Friday, February 5, 2021 | | | | | Monday, November 23, 2020 | Thursday, February 18, 2021 | | Tuesday, November 24, 2020 | Tuesday, February 16, 2021 | | Wednesday, November 25, 2020 | Wednesday, February 17, 2021 | | | | | Monday, November 30, 2020 | Monday, March 1, 2021 | | Tuesday, December 1, 2020 | Tuesday, March 2, 2021 | | Wednesday, December 2, 2020 | Wednesday, March 3, 2021 | | Thursday, December 3, 2020 | Thursday, March 4, 2021 | | Friday, December 4, 2020 | Friday, March 5, 2021 | | | | | Monday, December 7, 2020 | Monday, February 22, 2021 | | Tuesday, December 8, 2020 | Tuesday, February 23, 2021 | | Wednesday, December 9, 2020 | Wednesday, February 24, 2021 | | Thursday, December 10, 2020 | Thursday, February 25, 2021 | | Friday, December 11, 2020 | Friday, February 26, 2021 | | | | | Monday, December 14, 2020 | Monday, March 8, 2021 | | Tuesday, December 15, 2020 | Tuesday, March 9, 2021 | | Wednesday, December 16, 2020 | Wednesday, March 10, 2021 | | Thursday, December 17, 2020 | Thursday, March 11, 2021 | | Friday, December 18, 2020 | Friday, March 12, 2021 | | | | | Monday, December 21, 2020 | Monday, March 15, 2021 | | Tuesday, December 22, 2020 | Tuesday, March 16, 2021 | | Wednesday, December 23, 2020 | Wednesday, March 17, 2021 | | Thursday, December 24, 2020 | —————► | Thursday, March 18, 2021 | | Monday, December 28, 2020 | —————► | Monday, March 22, 2021 | | Tuesday, December 29, 2020 | —————► | Tuesday, March 23, 2021 | | Wednesday, December 30, 2020 | —————► | Wednesday, March 24, 2021 | | Thursday, December 31, 2020 | —————► | Thursday, March 25, 2021 | This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse.

CRITICAL

Juvenile delinquency proceedings other than trials of detained juveniles scheduled from November 9 through December 31, 2020, are continued, except detention or release petitions, which proceed as the Court schedules.

All juvenile court delinquency proceedings that are scheduled to be called for any purpose other than trial of a detained juvenile between November 9, 2020 and December 31, 2020, are hereby continued, except in the case of a petition seeking detention or release of a minor which shall proceed as the Court may schedule;

CRITICAL

The listed criminal and traffic proceedings in the specified courtrooms are rescheduled to the new court dates shown; Statutory Summary Suspension hearings remain on their originally scheduled dates.

## COURT SCHEDULE, EXHIBIT A* | CURRENT COURT DATE: | NEW COURT DATE: | | --- | --- | | Monday, March 23, 2020 | Monday, May 18, 2020 | | Tuesday, March 24, 2020 | Tuesday, May 19, 2020 | | Wednesday, March 25, 2020 | Wednesday, May 20, 2020 | | Thursday, March 26, 2020 | Thursday, June 04, 2020 | | Friday, March 27, 2020 | Friday, June 05, 2020 | | | | | | | | Monday, March 30, 2020 | Monday, June 1, 2020** | | Tuesday, March 31, 2020 | Tuesday, June 09, 2020 | | Wednesday, April 01, 2020 | Wednesday, June 10, 2020 | | Thursday, April 02, 2020 | Thursday June 4, 2020 | | Friday, April 03, 2020 | Friday June 5, 2020 | | | | | | | | Monday, April 06, 2020 | Monday, June 1, 2020 | | Tuesday, April 07, 2020 | Tuesday, June 02, 2020 | | Wednesday, April 08, 2020 | Wednesday, June 03, 2020 | | Thursday, April 09, 2020 | Thursday, June 04, 2020 | | Friday, April 10, 2020 | Friday, June 05, 2020 | | | | | | | | Monday, April 13, 2020 | Monday, June 08, 2020 | | Tuesday, April 14, 2020 | Tuesday, June 09, 2020 | | Wednesday, April 15, 2020 | Wednesday, June 10, 2020 | | Thursday, April 16, 2020 | Thursday, June 11, 2020 | | Friday, April 17, 2020 | Friday, June 12, 2020 | | | | | | | | Monday, April 20, 2020 | Monday, June 15, 2020 | | Tuesday, April 21, 2020 | Tuesday, June 16, 2020 | | Wednesday, April 22, 2020 | Wednesday, June 17, 2020 | | Thursday, April 23, 2020 | Thursday, June 18, 2020 | | Friday, April 24, 2020 | Friday, June 19, 2020 | | | | *This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse. Statutory Summary Suspension hearings are not continued pursuant to this schedule and will proceed on their originally scheduled court date. ** May 25, 2020, is a court holiday.

CRITICAL

Juvenile delinquency trials for detained minors scheduled from November 9 through December 30, 2020, proceed as scheduled.

All juvenile court delinquency trials for a detained minor that are scheduled to commence between November 9, 2020 and December 30, 2020, shall proceed as scheduled.

CRITICAL

Judges will hear child abuse or neglect cases seeking state protective custody and emergency motions alleging abuse of children in foster care.

Judges will hear cases of child abuse or neglect in which the state seeks protective custody of a child, and judges will hear emergency motions in which children are allegedly abused in foster care.

CRITICAL

For the period of time prior to June 1, 2020, all civil matters not deemed an emergency are postponed to a future date. Emergency requests in civil matters will be permitted if allowed by the presiding judge.

For the period of time prior to June 1, 2020, all civil matters not deemed an emergency are postponed to a future date. Emergency requests in civil matters will be permitted if allowed by the presiding judge.

CRITICAL

Juvenile abuse and neglect proceedings scheduled from November 9 through December 31, 2020, are continued, except shelter care, renewal, and emergency-motion hearings, which proceed as the Court may schedule.

All juvenile court abuse & neglect proceedings that are scheduled to be called for any purpose between November 9, 2020 and December 31, 2020, are hereby continued, except in the case of shelter care hearings, renewal hearings or a hearing on any emergency motion which shall proceed as the Court may schedule;

CRITICAL

Exhibit B reschedules the listed criminal and traffic proceedings in Courtrooms 109, 200, 300, and 309 from their current dates to the corresponding dates shown.

COURT SCHEDULE, EXHIBIT B* | | | | --- | --- | --- | | CURRENT COURT DATE: | | NEW COURT DATE: | | Monday, April 27, 2020 | —————> | Monday, July 06, 2020 | | Tuesday, April 28, 2020 | —————> | Tuesday, July 07, 2020 | | Wednesday April 29, 2020 | —————> | Wednesday, July 08, 2020 | | Thursday, April 30, 2020 | —————> | Thursday, July 09, 2020 | | Friday, May 1, 2020 | —————> | Friday, July 10, 2020 | | | | | | | | | | Monday, May 4, 2020 | —————> | Monday, July 13, 2020 | | Tuesday, May 05, 2020 | —————> | Tuesday, July 14, 2020 | | Wednesday, May 06, 2020 | —————> | Wednesday, July 15, 2020 | | Thursday, May 07, 2020 | —————> | Thursday, July 16, 2020 | | Friday, May 08, 2020 | —————> | Friday, July 17, 2020 | | | | | | | | | | Monday, May 11, 2020 | —————> | Monday, July 20, 2020 | | Tuesday, May 12, 2020 | —————> | Tuesday, July 21, 2020 | | Wednesday, May 13, 2020 | —————> | Wednesday, July 22, 2020 | | Thursday, May 14, 2020 | —————> | Thursday, July 23, 2020 | | Friday, May 15, 2020 | —————> | Friday, July 24, 2020 | | | | | | | | | | *This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse.

CRITICAL

Continued criminal and traffic matters retain the same purpose on the rescheduled date as originally scheduled.

All continued criminal and traffic trials and proceedings shall be continued for the same purpose as originally scheduled, i.e., matters set for trial remain set for trial on the rescheduled court date; matters set to hearing remain set for hearing, status for status, etc;

CRITICAL

Motions to continue must comply with the cited Illinois Supreme Court Rule and civil or criminal procedure statutes.

I. Compliance. Motions to continue shall comply with Illinois Supreme Court Rule 231, 735 ILCS 5/2-1007 of the Illinois Code of Civil Procedure, and 735 ILCS 5/114-4 of the Illinois Code of Criminal Procedure.

CRITICAL

The mediation must be adjourned if safety concerns arise.

If safety concerns arise, the mediation shall be adjourned.

CRITICAL

An order granting an extension must set a definite date for accounting.

If extension is granted, the order shall set a definite date for accounting.

CRITICAL

Statutory Summary Suspension hearings and Preliminary Hearings are excluded from the schedule’s continuances and proceed on their original dates.

Statutory Summary Suspension hearings and Preliminary Hearings are not continued pursuant to this schedule and will proceed on their originally scheduled date.

WARNING

Continuances in civil and criminal cases are granted only by a judge, at the judge’s discretion when justice requires; the Circuit Clerk cannot grant one.

H. Continuances. The Court’s policy is to hear matters when they are scheduled. Continuances in civil and criminal cases are granted at the discretion of the judge presiding when justice requires. Only a judge can grant a continuance. The Circuit Clerk cannot continue a case.

WARNING

An extension petition may be heard without notice if the record supports any of the three stated grounds.

The petition may be heard without notice if: 1. The record supports an annual accounting is not necessary; 2. The record supports any reason that is not the fault of petitioner; or 3. The record supports other good cause.

WARNING

An attorney's or personal representative's lack of sufficient time is not sufficient cause for an extension.

Lack of sufficient time on the part of the attorney and/or personal representative shall not be sufficient cause for extension.

WARNING

The mediator may adjourn mediation at any time and set a time to reconvene; parties present at the adjourned conference need no further notice.

The mediator may adjourn the mediation at any time and may set times for reconvening mediation. No further notice is required for parties present at the adjourned conference.

WARNING

Mediation continues while an interim or emergency motion is pending unless the court orders otherwise or the mediator adjourns it pending disposition.

Mediation shall continue while such motion is pending unless the court otherwise orders or the mediator adjourns mediation pending disposition of the motion.

WARNING

At the extension hearing, the court must consider evidence presented by the petitioner and any person interested in estate administration.

The court shall consider evidence presented at the hearing by the petitioner and by any person interested in the administration of the estate.

WARNING

For purposes of section 103-5, delay caused by this emergency continuance order is not attributable to either the State or the defendant.

IT IS FURTHER ORDERED in the case of criminal proceedings, any delay resulting from this emergency continuance order shall not be attributable to either the State or the defendant for purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).

WARNING

Trial continuances may be further extended as provided in Supreme Court Order M.R. 30370.

IT IS FURTHER ORDERED, pursuant to the authority granted to Chief Judges in Supreme Court Oder M.R. 30370, trial continuances may be further extended as stated in Order M.R. 30370.