Logan County Board approves changes in civil fees, traffic and criminal assessments

 

[April 18, 2019] 

LINCOLN 

On Tuesday, April 16, the Logan County Board held its Regular monthly voting meeting. One focus of discussion was about an ordinance establishing civil fees and criminal and traffic assessments to be charged by the clerk of the circuit court

At both the board’s Finance Committee meeting and board Workshop, Logan County Circuit Clerk Mary Kelley explained the fees and assessments and why they are being increased.

Kelley said the Illinois Supreme Court changed some of the legislation and starting July 1, the Supreme Court is trying to make these fees standardized across the state. Since the fees will be changing on July 1, every county needs to pass an ordinance that sets these fees.

Kelley said the Supreme Court is also putting out an expanded fee waiver, which “technically” whether it is a criminal or civil [case], people can come in, and if they prove they meet certain poverty guidelines, the court shall waive all the fees.

The court will not have the authority to waive fines, restitution, and any type of forfeitures. Kelley said since the court will determine the fee waivers, there is no way to predict how many cases are going to have fee waivers and what that is going to do financially, but she anticipates the fees will be expanded because the fee schedule must be posted.

Board member Kevin Bateman said many questions and concerns about the fees have arisen. He thanked Board Chairman Emily Davenport for doing the research and thoroughly explaining why the fee changes have come about in the county. Bateman said the changes are going on statewide and not just in the (Logan) county.

Board member Chuck Ruben said simply stated, these costs are there, but it boils down to who will pay them, the taxpaying public as a whole or the individuals using the system.

Board member David Hepler said he does not believe there is any “means testing” [which determines who is eligible for assistance] and he is concerned about raising costs on many people while not having the cost born by others. Hepler said he would feel more comfortable once there is means testing in place.

Local attorney Ted Mills said he is opposed “putting the pedal to the metal” and going “full board” on these fees just because five other counties are making increases. Mills said he is speaking on behalf of his current and future clients and thinks raising [some of the civil fees] between 45 and 100 percent is a little bit overreaching. He would rather they be raised over a year or two.

In an earlier email, attorney Blinn Bates also expressed his firm’s opposition by stating, “Woods & Bates strongly opposes drastic filing fee increases with no justification. The filing fees are charged to the parties to the lawsuit.

These increases, if approved, will negatively impact any citizen that utilizes our court system. As attorneys, we are charged with zealously representing our clients. Our firm believes that opposing outrageous filing fee increases furthers the best interests of our clients and the citizens of Logan County.”

Kelley said people need to understand that there is an expanded fee waiver based on people’s income. She also said it not just five counties, but many other counties that are Logan County’s population and larger who are going for the maximum fees. These fees fund the court system.

Hepler said he is concerned about how the court can insure people meet the income levels for waivers.

Kelley said those asking for fee waivers will have to show proof of their income level. Kelley said they must also follow up on how things are processed. It is not just a matter of scanning information and sending it in.

Mills said he understands the expansion of the fee waivers but pointed out that the auditor’s report of user charges, fees, fines, and miscellaneous showed that in 2018, the revenue was about ten percent over 2017. The statement of activities shows fees up and expenditures are down, so Mills feels the county is saying “let’s put the pedal to the metal” and increase fees to the maximum.

Ruben said $700,000 came from the wind farm permitting fees and if that was not in there, the amount would have been much lower. He said the drop in some expenses was almost 100 percent because of the pension liability due to the Illinois Municipal Retirement Fund making good investments and more money. The county’s general fund budget has not dropped in expenses.

Bateman said probably the largest increase in the fees can be attributed to the number of people now housed in our county jail. Part of the increase is fees is due to people who are racking up those fees. Bateman said the board should be commended for holding expenses down and spending taxpayer money prudently enough to where the county can start putting some money back in the coffers for much larger projects that have been put off.

After the discussion, the board voted 11-1 to approve Finance Committee Chairman Chuck Ruben’s motion for the Ordinance Establishing Civil Fees and Criminal and Traffic Assessments to be charged by the Clerk of the Circuit Court.

Hepler voted no.

Davenport said the ordinance will be on display for 30 days.

[Angela Reiners]

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AN ORDINANCE ESTABLISHING CIVIL FEES AND CRIMINAL AND TRAFFIC ASSESSMENTS TO BE CHARGED BY THE CLERK OF THE CIRCUIT COURT - Pdf