People v. Pearson

In People v. Pearson, 356 Ill. App. 3d 390, 826 N.E.2d 1099, 292 Ill. Dec. 663 (2005), the Second Division of this court held that, while the trial court was not required to ask about the Zehr principles unless asked to do so by defense counsel, the trial court had an obligation to inform the venire about the Zehr principles, whether defense counsel asked or not. In the first part of the Pearson opinion, this court held: "The rule does not require the trial court to ask the questions unless they are requested by defense counsel." Pearson, 356 Ill. App. 3d at 397. Next, the Pearson opinion stated: "We conclude Rule 431(a) requires trial judges to inform prospective judges about a defendant's basic rights, as set out in Rule 431(b), so that they will be informed about their 'general duties and responsibilities.' 177 Ill. 2d R. 431. Failure to do so is error." (Emphasis added) Pearson, 356 Ill. App. 3d at 400. The Pearson opinion thus draws a distinction between "ask," which was required only upon a defendant's demand, and "inform," which was required, with or without a defendant's demand.