Inman v. State
This text of 32 Ill. Ct. Cl. 784 (Inman v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This cause coming on to be heard on the motion of the Respondent and the Court being fully advised in the premises find that the legislature has failed to appropriate funds for the purpose of paying the type of fee claimed herein.
Chapter 38, Section 1005-2-4 (c) (2) provides as follows:
“(2) Upon filing with the Court of a verified statement of legal services rendered by the private attorney appointed pursuant to paragraph (1) of this sub-section, the Court shall determine a reasonable fee for such services. If the defendant is unable to pay the fee, the Court shall enter an order upon the State to pay the entire fee or such amount as defendant is unable to pay from funds appropriated by the General Assembly for that purpose.” (Emphasis added)
The statute is clear that the fee claimed herein may be awarded only from funds appropriated by the General Assembly for that purpose and inasmuch as funds were not appropriated there can be no award.
It is therefore ordered that this case be and the same is hereby dismissed.
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Cite This Page — Counsel Stack
32 Ill. Ct. Cl. 784, 1978 Ill. Ct. Cl. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inman-v-state-ilclaimsct-1978.