Zamarron v. Pucinski

668 N.E.2d 186, 282 Ill. App. 3d 354, 218 Ill. Dec. 23
CourtAppellate Court of Illinois
DecidedJune 28, 1996
Docket1-94-1685
StatusPublished
Cited by21 cases

This text of 668 N.E.2d 186 (Zamarron v. Pucinski) 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
Zamarron v. Pucinski, 668 N.E.2d 186, 282 Ill. App. 3d 354, 218 Ill. Dec. 23 (Ill. Ct. App. 1996).

Opinion

JUSTICE THEIS

delivered the opinion of the court:

The plaintiffs filed this class action for declaratory and injunctive relief, as well as an accounting and a refund of fees paid, against the clerk of the circuit court of Cook County, Aurelia Pucinski, and the Cook County treasurer, Edward J. Rosewell. In their second amended complaint, the plaintiffs alleged that the General Assembly enacted sections 27.2 and 27.3a of "An Act to revise the law in relation to clerks of courts” (the Act) (Ill. Rev. Stat. 1989, ch. 25, pars. 27.2, 27.3a), effective January 1, 1989, pursuant to Public Act 85 — 1252, in order to abate general property taxes and for other nonjudicial purposes in violation of the free access clause of the state constitution (Ill. Const. 1970, art. I, § 12) and the due process clauses of the state and federal constitutions. Ill. Const. 1970, art. I, § 2; U.S. Const., amend. XIV. Section 27.2, as amended by Public Act 85 — 1252, increased court filing fees, and section 27.3a imposed a surcharge for court automation. At the conclusion of the plaintiffs’ case in chief, the circuit court entered a directed finding in favor of the defendants on the grounds that the plaintiffs failed to present a prima facie case. On appeal, the plaintiffs raise the following issues: (1) whether the circuit court erred when it entered a directed finding in the defendants’ favor, (2) whether the court committed reversible error when it refused to admit a certified copy of the legislative debates into evidence, and (3) whether the court abused its discretion when it refused to compel the defendants to produce documents requested under Supreme Court Rule 237(b) (134 Ill. 2d R. 237(b)).

We conclude that the circuit court properly granted a directed finding for the defendants because the plaintiffs failed to establish a prima facie case that sections 27.2 and 27.3a are constitutionally infirm. We further hold that although the court should have considered the legislative debates regarding Public Act 85 — 1252, its refusal to admit the debates into evidence does not constitute reversible error. Finally, the court did not abuse its discretion when it declined to compel production of certain records sought by the plaintiffs. We affirm.

The court below defined and certified the plaintiffs’ class as follows:

"All persons, corporations, partnerships, proprietorships, municipalities (other than fees incurred in the filing of cases in its capacity as a law enforcement agency as defined by Ill. Rev. Stats. Ch. 25, § 27.2 [17]) and other legal entities which, between January 1, 1989 and December 31, 1991, were caused to pay court fees to the Clerk of the Circuit Court of Cook County pursuant to Ill. Rev. Stats. Chapter 25, § 27.2(1), (l)(c), (3) and (5), and pursuant to § 27.3a, amended August 30, 1988, effective January 1, 1989.”

At trial, the plaintiffs maintained that Public Act 85 — 1252 is unconstitutional because (1) the increased fees obtained from civil litigants are used to finance both the criminal and quasi-criminal courts, (2) the legislature enacted Public Act 85 — 1252 in order to raise general revenue for the county and not to fortify the court system, and (3) the General Assembly failed to conduct a cost study prior to enacting Public Act 85 — 1252.

The testimony of the plaintiffs’ witnesses revealed that the filing fees paid to the clerk of the circuit court are transmitted to the comptroller’s office and then deposited with the Cook County treasurer. Ultimately, the funds are placed in the general Cook County corporate fund.

Thomas Beck, a former comptroller for Cook County, testified that the filing fees that are transmitted to the treasurer are not earmarked for use by the clerk’s office alone. He also testified that he estimated that Public Act 85 — 1252 would generate $17.5 million in revenue during 1989.

John Goggin, associate clerk in charge of court operations, also testified. He stated that he participated in the preparation of the annual fiscal budget for the circuit court. He explained that the clerk’s total operating budget does not fairly reflect the actual cost of maintaining the clerk’s office. Goggin explained that the county absorbs many costs associated with the operation and maintenance of the courts such as rent, storage of court files, heating, air conditioning and electricity. He testified that the county pays $15 million a year in rent for the Daley Center alone. Goggin further stated that one would have to examine several other budgets such as that of the public defender, the public guardian and the office of the chief judge in order to arrive at an accurate figure reflecting the cost of operating and maintaining the court system.

Kevin Cuttone, a former assistant budget director, corroborated much of Goggin’s testimony. Cuttone estimated that $7.6 million would be generated from the fees collected for the court automation fund.

During the trial, the parties stipulated to all figures contained in the "Comptroller’s Report of Cook County” (Comptroller’s Report) for the fiscal year of 1987, including the budgetary figures for the clerk’s office. The court admitted the Comptroller’s Report into evidence as exhibit 3. The parties also stipulated to the relevant portions of the annual appropriations bill (Bill) for Cook County for the fiscal year of 1988. The trial court admitted the Bill into evidence as exhibit 8.

Several deputy clerks from the suburban municipal districts also testified on the plaintiffs’ behalf. Their testimony showed that the majority of courtrooms located in the third, fourth and sixth municipal districts are designated for criminal cases.

At the close of the plaintiffs’ case, the defendants moved for a directed finding pursuant to section 2 — 1110 of the Illinois Code of Civil Procedure. 735 ILCS 5/2 — 1110 (West 1992). The trial court granted the defendants’ motion. The court made its initial ruling orally at the close of trial on April 20, 1994. The court entered a written order dated April 21, 1994. The plaintiffs now appeal.

As a preliminary matter, we must ascertain the proper standard of review. The plaintiffs appeal from the trial court’s written order which expressly states that the plaintiffs "failed to present a prima facie case of relief under Counts I and II.” Where a trial court determines that the plaintiff has failed to establish a prima facie case as a matter of law, then the reviewing court must consider the trial court’s decision under a de novo standard of review. Evans v. Gurnee Inns, Inc., 268 Ill. App. 3d 1098, 645 N.E.2d 556 (1994).

The plaintiffs’ first contention on appeal is that they succeeded in establishing a prima facie case that sections 27.2 and 27.3a, as amended by Public Act 85 — 1252, are unconstitutional. Ill. Rev. Stat. 1989, ch. 25, pars. 27.2, 27.3a. They argue that the clerk of the circuit court and the Cook County treasurer are required by the state and federal constitutions to collect only reasonable fees which are necessary to finance the maintenance and operation of the courts.

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Bluebook (online)
668 N.E.2d 186, 282 Ill. App. 3d 354, 218 Ill. Dec. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zamarron-v-pucinski-illappct-1996.