People Ex Rel. Carey v. Chrastka

These are three consolidated cases in which judges of the circuit court of Cook County held unconstitutional section 5 — 12 of the Juvenile Court Act (Ill. Rev. Stat., 1979 Supp., ch. 37, par. 705 — 12) and denied the State’s petitions to proceed thereunder. We granted the State’s petitions for leave to file original petitions for writs of mandamus. (See 73 Ill. 2d R. 381; Ill. Const. 1970, art. VI, sec. 4(a).) For the reasons which follow, the petitions are granted, and the writs shall issue.

On October 31, 1979, section 1 of Public Act 81 — 1104 became law and simultaneously went into…