Opinion
No. 66484. Judgments vacated; cause remanded.
Opinion filed December 21, 1988.
Appeal from the Appellate Court for the Fifth District; heard in that court on appeal from the Circuit Court of Hamilton County, the Hon. Lehman D. Krause, Judge, presiding.
Neil F. Hartigan, Attorney General, of Springfield, and Alan C. Downen, State's Attorney, of McLeansboro (Terry Madsen, Assistant Attorney General, of Chicago, and Kenneth R. Boyle and Stephen E. Norris, of the State's Attorneys Appellate Prosecutor, of Mt. Vernon, of counsel), for appellant.
Clyde L. Kuehn, of Kuehn Rhein, of Belleville, for appellee.
John Baricevic, of Belleville, for amicus curiae Illinois State's Attorneys Association.
The issues in this case, concerning section 6 of "An Act in regard to attorneys general and state's attorneys" (Ill. Rev. Stat. 1985, ch. 14, par. 6), have become moot. The appellant in this case, Alan C. Downen, brought this appeal in his "official capacity as State's Attorney of Hamilton County." Alan C. Downen is no longer State's Attorney of Hamilton County. Since the issues are moot, we vacate the judgments of the appellate and circuit courts and remand the cause to the circuit court of Hamilton County with directions to dismiss the petition for the appointment of a special prosecutor.
Judgments vacated; cause remanded with directions.