The motion to withdraw guilty plea alleged that the plea was not voluntary because defendant is mildly retarded, has been diagnosed as having adjustment disorder with mixed disturbance of emotion and conduct, and has limited comprehension. The motion further alleged that defendant was under duress at the time of the plea. Sometime in early 1997, attorney Harrell became State's Attorney of Richland County and Judge McLaughlin became a federal administrative law judge. Allan F. Lolie of the State's Attorneys Appellate Prosecutor of Springfield, Illinois, was appointed special prosecutor. The rule plainly requires defense counsel to file a certificate that he or she has reviewed the proceedings, consulted with the defendant, and made any amendments to the motion necessary for an adequate presentation of any defects in the plea proceedings.
Strict compliance requires the filing of the attorney certificate in the trial court.
The certificate functions to provide a basis upon which the trial court can determine that the attorney has, in fact, performed his duties under the rule, and it also gives the record a clear indication of the extent of such performance, which otherwise might not adequately appear thereon. It takes but a moment of the trial court's time to obtain the certificate, if the certificate has not been filed prior to the postplea hearing, to obtain one from an attorney who is then presently before it, thereby protecting the full measure of defendant's interests. Any dispute involving the accuracy of the facts stated in the attorney's certificate could be resolved and redressed by the trial court. The certificate was filed in the trial court. Hoffeditz's certificate states that he consulted with defendant in person and by mail to ascertain defendant's contentions of error in both the sentence and the plea of guilty.