Logan County poised to approve new Civil Fees and Criminal and Traffic Assessments

 

[April 16, 2019] 

LINCOLN 

At tonight’s Logan County Board Regular meeting, the board will be voting on a new structure of Civil Fees and Criminal and Traffic Assessments charged by the clerk of the circuit court.

At the board’s Finance Committee meeting on April 9th, Logan County Circuit Clerk Mary Kelley provided some background on these fees. 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 only thing the court will not have the authority to waive are 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 has to be posted.

Finance Committee Chairman Chuck Ruben said the board will not be able to do anything in time for this year’s budget, but in another year, the board will have a handle on what these numbers would be and whether the fees would affect the budget. He said right now, the board can just make a guess at the amounts.

Ruben said in this ordinance, the criminal fines and fees are set by the state regulations, but the civil fees have a range and the maximum for the civil fees are inserted in the ordinance as many other counties are doing. He said it could be changed if the board felt it needed to be, which is something to think about for next year.

Kelley said all five of the clerks in the county’s circuit met and that is the recommendation all of them are making.

The Criminal and Traffic Assessment Act adopted by the Illinois Supreme Court last summer set the minimum fine for criminal and traffic assessments at a minimum fine of $25. A summary of the Act says, “when any defendant is convicted, pleads guilty, or placed on court supervision for a violation of a law or local ordinance, the court shall order one schedule of assessments in the case plus any conditional assessment applicable to a conviction in the case, as set forth in the Act, for the defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court.” Kelley said these fees are mandated by the state.

The state has set minimum and maximum amounts for civil cases.

Kelley said the eleventh circuit is setting the same fee schedules as other counties in the state with similar populations. Once the county ordinance is passed, the county website will provide more specific information on the fee schedules.

The Woods and Bates Firm has expressed concern over these fee increases. Attorney Blinn Bates said the firm’s comment is that “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.”

The ordinance will be voted on by the Logan County Board on Tuesday, April 16 at the Regular board meeting at 7 p.m. in the Logan County Courthouse.

[Angela Reiners]