Docket No. 106678.
THE STATE OF ILLINOIS
EDWIN A. BURNETTE, Public Defender of Cook County,
Petitioner, v. HONORABLE LAWRENCE TERRELL, Judge of the
Circuit Court of Cook County, Respondent.
Opinion filed March 19, 2009.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Karmeier, and Burke concurred in the judgment and opinion.
Petitioner, Edwin A. Burnette, in his capacity as public defender
of Cook County, filed this original action pursuant to Supreme Court
Rule 381 (188 Ill. 2d R. 381), seeking either a writ of mandamus or
a writ of prohibition against the Honorable Lawrence Terrell, Judge
of the circuit court of Cook County. We allowed petitioner’s motion
for leave to file his petition. In addition, we allowed the Cook County
public guardian to file a brief amicus curiae pursuant to Supreme
Court Rule 345 (210 Ill. 2d R. 345).
While we find merit in petitioner’s claim, we decline to employ
either of the extraordinary remedies requested. Rather, we choose to
resolve the controversy by exercising this court’s supervisory
authority in the form of a supervisory order.