People Ex Rel. Birkett v. Dockery

Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Pursuant to Supreme Court Rule 381(a) (188 Ill. 2d R. 381(a)), the State’s Attorney of Du Page County successfully moved for leave to file a complaint seeking a writ of mandamus in this court. The State seeks to compel respondent, Honorable Peter J. Dockery, judge of the circuit court of Du Page County (the court), to vacate his order granting defendant William Krolik’s motion for trial before a jury of six members and to try this case before a jury of 12. For the…