Koester v. State

Court of Claims of Illinois

Koester v. State

32 Ill. Ct. Cl. 617, 1979 Ill. Ct. Cl. LEXIS 252

CourtCourt of Claims of Illinois

DecidedJanuary 16, 1979

DocketNo. 76-CC-0829

StatusPublished

This text of 32 Ill. Ct. Cl. 617 (Koester 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.

Bluebook

Koester v. State, 32 Ill. Ct. Cl. 617, 1979 Ill. Ct. Cl. LEXIS 252 (Ill. Super. Ct. 1979).

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Opinion

Polos, C.J.

This is a claim by a court reporter for expenses incurred in providing a transcription of a criminal trial to a defendant as required by statute. The cause is before the Court on the Respondent’s stipulation. That stipulation establishes that Judge Carl H. Becker, a Judge of the Circuit Court, 20th Judicial Circuit, ordered Claimant to make a transcript of a criminal proceeding available to a defendant. Judge Barker was authorized by virtue of his office to order the transcript, and in fact was required to do so by statute. The cost of the transcription was $151.80, but at the time the transcript was ordered, funds sufficient to pay for the transcript had not been appropriated.

The issue before the Court is whether this Court may, in the absence of appropriated funds, grant an award which would effect a deficiency appropriation.

This cause comes within the rule set forth by this Court in Beane v. State of Illinois, 31 Ill.Ct.Cl. 155, and by the Illinois Supreme Court in Fergus v. Brady, Ill. 277, 272, 279-280, wherein expenditures “expressly authorized by law” are permitted to be made in excess of monies apropriated.

It is therefore ordered that Claimant be, and hereby is, awarded the sum of $151.80.

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Polos, C.J.

This is a claim by a court reporter for expenses incurred in providing a transcription of a criminal trial to a defendant as required by statute. The cause is before the Court on the Respondent’s stipulation. That stipulation establishes that Judge Carl H. Becker, a Judge of the Circuit Court, 20th Judicial Circuit, ordered Claimant to make a transcript of a criminal proceeding available to a defendant. Judge Barker was authorized by virtue of his office to order the transcript, and in fact was required to do so by statute. The cost of the transcription was $151.80, but at the time the transcript was ordered, funds sufficient to pay for the transcript had not been appropriated.

The issue before the Court is whether this Court may, in the absence of appropriated funds, grant an award which would effect a deficiency appropriation.

This cause comes within the rule set forth by this Court in Beane v. State of Illinois, 31 Ill.Ct.Cl. 155, and by the Illinois Supreme Court in Fergus v. Brady, Ill. 277, 272, 279-280, wherein expenditures “expressly authorized by law” are permitted to be made in excess of monies apropriated.

It is therefore ordered that Claimant be, and hereby is, awarded the sum of $151.80.

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Bluebook (online)

32 Ill. Ct. Cl. 617, 1979 Ill. Ct. Cl. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koester-v-state-ilclaimsct-1979.