Sunday, March 22, 2015

Illinois Appellate Court Holds That Order of Supervision Following Trial in Juvenile Proceeding is Interlocutory and Not Appealable

By Nate Nieman
Nieman Law Group

In re Henry B., 2015 IL App (1st) 142416, concerns whether an order of supervision entered pursuant to section 5-615 of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/5-615 et seq. (West 2014)) after a minor’s criminal trial is appealable.
 As discussed below, the short answer is “no.”

The State charged 12-year-old defendant, Henry B., as a juvenile with felony aggravated battery and misdemeanor battery. At the defendant’s bench trial, the court granted the defendant’s motion for a directed verdict on the felony count but found him guilty on the misdemeanor battery count. At sentencing, the court “did not enter either a finding of guilty or any judgment. The judge continued the case under supervision pursuant to section 5-615(1)(b) of [the] Act (705 ILCS 405/5-615(1)(b) (West 2014) (as amended by Public Act 98-062, eff. Jan. 1, 2014)) for a period of six months ***.” (Emphasis in original). Henry B., 2015 IL App (1st) 142416, ¶ 18.

The defendant appealed, seeking reversal of the juvenile court’s order of supervision. On appeal, the defendant argued that the State failed to prove him guilty beyond a reasonable doubt because the victim suffered no physical pain or injury as a result of the minor’s conduct. Id. ¶ 3. The State argued that the reviewing court lacked jurisdiction to entertain the appeal because the “Illinois Supreme Court rules governing juvenile delinquency proceedings do not provide for appellate review of an interlocutory order in a case that has been continued under supervision.” Id. ¶ 4. The Illinois Appellate Court, First District, agreed with the State.

In general, the appellate court has jurisdiction to review appeals from final judgments, and does not have jurisdiction to review an interlocutory order, unless jurisdiction is specifically provided for by supreme court rule. Henry B., 2015 IL App (1st) 142416, ¶ 21 (citing In re J.N., 91 Ill. 2d 122, 126 (1982)). Two Illinois Supreme Court rules provide for appeals in juvenile delinquency proceedings: Rule 660(a) (Ill. S. Ct. R. 660(a) (eff. Oct. 1, 2001)) and Rule 662 (Ill. S. Ct. R. 662 (eff. Oct. 1, 1975)). Henry B., 2015 IL App (1st) 142416, ¶ 22. Rule 660(a) deals with final judgments and provides that in juvenile delinquency proceedings  “[a]ppeals from final judgments *** shall be governed by the rules applicable to criminal cases,” except where otherwise specifically provided. Henry B., 2015 IL App (1st) 142416, ¶ 23. Rule 662 specifically provides for interlocutory appeals in delinquency proceedings, but only under limited circumstances - when a dispositional order had not been entered within 90 days from either an adjudication of wardship or a revocation of probation or conditional discharge. Id. ¶ 24.

The defendant conceded that Rule 662 did not apply. Id. Instead, the defendant argued that his order of supervision was a “final judgment,” and therefore appealable under Rule 660(a). Henry B.2015 IL App (1st) 142416, ¶ 26. The reviewing court disagreed, concluding “the juvenile court judge’s order continuing the case for supervision contained no finding of guilty and no judgment order.” Id. ¶ 27. The order continuing the case for supervision was therefore not final and appealable. Id. (citing Kirwan v. Welch, 133 Ill. 2d 163, 167 (1989) (“a disposition of supervision is not a final judgment," because "supervision does not dispose of the proceedings on the underlying offense but merely defers the proceedings until the conclusion of the period of supervision); In re A.M., 94 Ill. App. 3d at 89-90 (holding that an order of supervision of a minor was a continuance of the cause and did not finally dispose of the delinquency petition on the merits and was not subject to appellate review). 

The defendant argued in the alternative that the court had appellate jurisdiction under Rule 604(b) (eff. Feb. 6, 2013), but the court found that rule was not applicable to juvenile delinquency proceedings. Rule 604(b) permitted appellate review only for “conditions of supervision” that resulted from convictions (such as restitution), and not findings of guilt. Henry B.2015 IL App (1st) 142416, ¶ 31. Unmoved by the defendant’s arguments, the reviewing court dismissed the appeal for lack of jurisdiction under both Rules 660(a) and 662, the only rules conferring jurisdiction to the appellate court in juvenile delinquency proceedings.

Recommended Citation: Nate Nieman, Order of Supervision Following Trial in Juvenile Proceeding is Interlocutory and Not AppealableThe Brief, (March 22, 2015),

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