James J. v. People

In my judgment, the public guardian’s position in this case represents an unwarranted extension of People ex rel. Davis v. Vazquez (1982), 92 Ill. 2d 132, 441 N.E.2d 54, and an impermissible intrusion by the judiciary into the executive branch of the government. I would affirm the judgment below and hold that the trial court cannot, consistent with the principle of separation of powers, order the State’s Attorney to prosecute a Juvenile Court Act petition.

As noted by the majority, Vazquez holds only that the court can order the State’s Attorney to file a Juvenile Court Act petition without…