Opinion
1984.
(60587) Zimmerman v. 1660 Condominium Association .................. Denied.
(60605) Zorn v. Zorn ............................................... Denied.
People v. Alford 101 Ill.2d 568 People v. Davis 101 Ill.2d 570 People v. Green 101 Ill.2d 570 People v. Kyles 101 Ill.2d 572 People v. Lovelady 101 Ill.2d 573 People v. Rule 101 Ill.2d 575 People v. Styles 101 Ill.2d 575 People v. Payne 99 Ill.2d 135 140 People v. Moore 101 Ill.2d 549 559 A Key to Better Juries The Chief Justice's Challenge People v. Payne 99 Ill.2d 135 140 Legislature Receives Report of Chief Justice Swain v. Alabama 380 U.S. 202 223 13 L.Ed.2d 759 774 85 S.Ct. 824 837 People v. Frazier People v. Frazier. People v. Frazier APPENDIX
The following is the text of Justice Simon's dissent from the orders entered on October 2, 1984, denying leave to appeal in (1984), , (1984), , (1984), , (1984), , (1984), , (1984), , and (1984), .
JUSTICE SIMON, dissenting:
As I have indicated in my dissents in (1983), , , and (1984), , (appeal denied), it is clear to me that peremptory challenges are being used in this State to exclude black persons from juries because of their race. This, I believe, does not square with our constitutional requirements. My colleagues appear to acknowledge the existence of jury exclusion based on race. Although they do not agree that it calls for this court to put a halt to it on constitutional grounds, they have recommended to the legislature that it be combatted by a statute eliminating the use of peremptory challenges, a recommendation the legislature has not adopted. Editorial, , Chicago Sun-Times, Feb. 7, 1984, at 31; Editorial, , Chicago Tribune, Feb. 14, 1983, sec. 1, at 12; (1983), , (Clark, J., specially concurring); , Ill. St. B.A., 14 Bench and Bar No. 9 (Mar. 1984); Report in Chicago Sun-Times, Feb. 18, 1983, at 16.
To meet the difficult test enunciated in (1965), , , , , , , which requires a showing of such exclusion "in case after case," a record must be assembled of each instance in which it is claimed there has been a systematic exclusion of black persons
from juries solely because of their race. The appellate court recognized this need in (July 25, 1984), No. 83-1155, slip op. at 7. However, although we have only one appellate court, that court sits in panels, and I fear that the third division of the first district of that court may be the only panel of the appellate court which will preserve the kind of record that will be useful to defendants. Other panels of the appellate court may dispose of such claims by unpublished orders permitted under our Rule 23 (87 Ill.2d R. 23), and in that event, it will be difficult for defendants to find such cases and add them to the rapidly expanding list set forth in Without a published account of appeals raising this issue, they may too easily be lost in the files of our court clerks. For that reason, I propose to supplement the wise and practical use of published opinions suggested in by dissenting from each denial of leave to appeal where the exclusion of black persons from juries because of their race is one of the grounds set forth in the petition for leave to appeal or has been raised earlier in the proceeding. These dissents are, of course, published as a court record. They will help to document a pattern of abuse in jury selection which I believe exists, is unconstitutional, un-American and unconscionable.