Appeals in criminal cases in which a statute of the United States or of this State has been held
invalid shall lie directly to the Supreme Court as a matter of right. All other appeals in criminal cases shall be taken to the Appellate Court.
Rule 603.Court To Which Appeal is Taken
Article VI. Appeals in Criminal Cases, Post-Conviction Cases, and Juvenile Court Proceedings · Last amended 2013 · Last verified July 20, 2026
In one sentenceRule 603 sends criminal appeals to the Appellate Court by default, reserving a direct appeal to the Supreme Court for the narrow case where a statute has been struck down.
Full Text of Ill. S. Ct. R. 603
Plain-English Summary
Most criminal appeals in Illinois go to the Appellate Court. Rule 603 carves out one exception: if a federal or state statute has been held invalid, the appeal goes straight to the Supreme Court as a matter of right.
That trigger is narrow on purpose. It’s not enough that a constitutional argument was raised or even that the trial court ruled on one — the statute itself has to have been declared invalid. Anything short of that stays in the Appellate Court.
Frequently Asked Questions
Where does a typical criminal appeal go?
To the Appellate Court.
When does a criminal appeal go directly to the Supreme Court?
Only when a statute of the United States or of Illinois has been held invalid.
Is raising a constitutional challenge enough to trigger direct Supreme Court review?
No — the statute must have been held invalid, not just challenged.
Is direct Supreme Court review automatic or does the State or defendant have to ask for it?
It’s a matter of right once a statute has been held invalid, so no petition for leave to appeal is needed for that route.
Does this rule cover civil cases as well?
No, Rule 603 addresses criminal appeals; a parallel provision for civil appeals appears in Rule 302.
Committee Comments
(Revised July 1, 1971)
The rule, new in 1967, was revised in 1971, in light of the new constitution, which limited the Supreme Court’s mandatory direct appellate jurisdiction to death cases. The constitutional question basis for direct appeal was revised to limit direct appeal to cases in which a statute is held invalid. The same provision appears in Rule 302, governing civil appeals.
Amendment History
Amended effective July 1, 1971; amended October 1, 2010, effective immediately; amended Feb. 6, 2013, eff. immediately.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
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