¶1specially concurring:
¶2Reversible error occurred in this case because the trial court took an action that was both unnecessary and unwise: letting defendant’s trial counsel withdraw after entering his appearance on the ground that he had not been paid. One way to avoid this problem is to put all defense counsel on notice that when they enter their appearance in a criminal case, they will not be permitted to withdraw on the ground that they had not been paid. (This is a practice I successfully used for 12V2 years as a trial judge.) Such a policy (1) places defense counsel on notice that entering an appearance in a criminal case is a serious act, not to be engaged in frivolously, and (2) greatly supports the trial court’s administration by removing uncertainty about the representation of defendants whose cases are set for trial.
¶3Perhaps the unfortunate result in this case will convince this trial court to adopt this policy.
¶4specially concurring in part and dissenting in part:
¶5I concur with the majority that there is no verbatim record of the admonishment and waiver of counsel required by Rule 401(b). Reversal is, therefore, warranted on the DUI. (However, I do note that such a record would not be required had the State completely waived jail time on the offense, whether at sentencing or on revocation of supervision).
¶6However, I disagree that a Frye hearing is required on the HGN test. While the supreme court may not have spoken with one voice, the supreme court has, nonetheless, spoken. People v. Basler, 193 Ill. 2d 545, 740 N.E.2d 1 (2000).