Walker v. Cronin

520 N.E.2d 777, 165 Ill. App. 3d 846, 117 Ill. Dec. 426, 1987 Ill. App. LEXIS 3650
CourtAppellate Court of Illinois
DecidedDecember 31, 1987
DocketNo. 85-2081
StatusPublished
Cited by5 cases

This text of 520 N.E.2d 777 (Walker v. Cronin) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Cronin, 520 N.E.2d 777, 165 Ill. App. 3d 846, 117 Ill. Dec. 426, 1987 Ill. App. LEXIS 3650 (Ill. Ct. App. 1987).

Opinions

JUSTICE LINN

delivered the opinion of the court:

Plaintiff, Steven Walker, instituted this action to obtain an award of post-judgment interest against Joseph Cronin, Director of the Illinois Board of Education, pursuant to section 2 — 1303 of the Code of Civil Procedure. (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1303.) The circuit court awarded interest on the judgment entered in favor of plaintiff in the amount of $5,310.

Cronin appeals, contending that assessment of interest against the Illinois State Board of Education violates sovereign immunity and that the award of interest was improperly calculated in any event.

We affirm in part and modify in part.

Background

Walker, by his mother, brought an action against Cronin and Glenbrook High School District 225, alleging that they wrongfully denied him placement in a residential special education program facility. After reviewing the Illinois Board of Education’s decision to deny Walker the necessary funding to place him in such a facility, the circuit court reversed, finding that the public school could not adequately meet Walker’s needs. This court affirmed the trial court, holding that since Walker was emotionally handicapped under the pertinent law, he was entitled to appropriate public education free of charge. (In re Special Education Placement of Steven Walker (1982), 107 Ill. App. 3d 1053, 438 N.E.2d 582.) Accordingly, Cronin and the local school district were ordered to reimburse Walker’s mother for money that she spent enrolling her son in the residential education program at Lakeside Children’s Center in Milwaukee, Wisconsin.

This reimbursement, representing the expenses Mrs. Walker incurred for Lakeside’s services for the period between November 9, 1978, and April 22, 1981, the date of the order, was not then reduced to a sum certain.

In November 1982 Walker furnished defendants with an itemization of the amounts spent on his education. On December 27, 1982, defendants offered Walker one-half of the amount requested, which he rejected.

The parties unsuccessfully attempted to resolve their differences. Finally, on February 24, 1983, the parties agreed that the principal sum owing was $39,334.49. In May 1983 Walker sent defendants verification of payments made.

On July 5, 1983, Walker filed a motion for a rule to show cause why defendants should not be held in contempt, or in the alternative, be compelled to pay the judgment by a date certain. Walker also requested payment of interest on the- judgment from the date the court entered its April 22,1981, judgment.

On June 19, 1985, the trial court held that Walker was entitled to 6% interest pursuant to section 2 — 1303 (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1303). Interest was calculated from April 22, 1981, to July 22, 1983, in the amount of $5,310.

Opinion

I

Defendants initially argue that the trial court lacked jurisdiction1 to award judgment interest against the State because of its sovereign immunity. Unless the State specifically waives immunity by statute, they argue, no claim against it can be maintained.

The trial court, on the other hand, relied on the terms of section 2 — 1303, the judgment interest statute, in ruling that the State was in fact liable for 6% interest per annum on the judgment. Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1303.

Section 2 — 1303 provides, in pertinent part:

“Judgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment until satisfied or 6% per annum when the judgment debtor is a unit of local government as defined in Section 1 of Article VII of the Constitution, a school district, a community college district, or any other governmental entity.” (Emphasis added.)

In and of itself, the phrase “or any other governmental entity” contains no restrictions as to type or level of governmental entity. While it does not expressly refer to the State, it can hardly be said that the State is not a governmental entity. The plain meaning of the term, therefore, should not be circumvented by a construction that renders it surplusage.2 We accordingly must reject defendants’ proposed construction of the statute, which would erase the term “other governmental entities.” Since the interest statute is in derogation of the common law it must be strictly construed and nothing should be read into or out of it by implication. See City of Springfield v. Allphin (1980), 82 Ill. 2d 571, 577, 413 N.E.2d 394, 397.

Defendants’ argument is founded upon a reading of the statute that underplays the phrase “any other governmental entity” in favor of a strained interpretation of legislative history. According to defendants, this statute is the amended version of two former interest statutes, Public Act 80 — 722 and Public Act 80 — 914, both effective October 1, 1977, and codified at section 3 of the Interest Act (Ill. Rev. Stat. 1977, ch. 74, par. 3) (hereinafter Public Act 80 — 722 and Public Act 80 — 914).) Public Act 80 — 722 provides in part that “[¡judgments recovered before any court shall draw interest at the rate of 8% per annum from the date of the same until satisfied or 6% per annum when the judgment debtor is a unit of local government, as defined in Section 1 of Article VII of the Constitution, or a school district or community college district.” Ill. Rev. Stat. 1977, ch. 74, par. 3.

The pertinent language of Public Act 80 — 914 reads, “Judgments recovered before any court shall draw interest at the rate of 8% per annum from the date of the judgment until satisfied, except that judgments recovered against governmental entities shall draw interest at the rate of 6% per annum.” Ill. Rev. Stat. 1977, ch. 74, par. 3.

Defendants rely on published information of legislative debates over the above statutes, in which there were no specific references made to the State’s liability. They assert that the intent, therefore, was to impose the interest liability against local governmental entities only. Defendants attempt to bolster this argument by contending that the existing interest statute is merely the literal combination of the previous two public acts that were on the books at the same time. Hence, they assert, the amendment was merely part of a revisory act that should be given no independent weight.

The excerpts of legislative debate that defendants cite, however, do not bear this out. It may be that the State was never expressly mentioned. However, the focus on local governmental entities in discussions of Public Act 80 — 722 is logical because that version of the statute was in fact limited to local entities. (See 80th Ill. Gen.

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Related

People v. Britz
Illinois Supreme Court, 1996
Walker v. Cronin
546 N.E.2d 520 (Illinois Supreme Court, 1989)
In Re Special Education of Walker
546 N.E.2d 520 (Illinois Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
520 N.E.2d 777, 165 Ill. App. 3d 846, 117 Ill. Dec. 426, 1987 Ill. App. LEXIS 3650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-cronin-illappct-1987.