Illinois Appellate Court Holds It Lacks Jurisdiction to Vacate Erroneously Assessed Fines and Fees Raised on Appeal for First Time from Collateral Proceeding

By Andrew Kwalwaser
Law Clerk to Hon. Thomas E. Hoffman, Illinois Appellate Court, First District

In People v. Grigorov, 2017 IL App (1st) 143274, a panel of the First District of the Illinois Appellate Court granted a defendant's request for presentencing detention credit but found that it lacked jurisdiction over other claims that he raised for the first time on appeal.
 
In April 2014, the defendant, George Grigorov, pleaded guilty to aggravated driving under the influence of alcohol and driving on a revoked or suspended license. The circuit court sentenced him to concurrent prison terms of six and three years, respectively, with "all mandatory fines, fees, and court costs." He did not file a Rule 604(d) motion to reconsider his sentence or withdraw his plea, nor did he file a timely notice of appeal. In August 2014, however, he filed a petition pursuant to section 5-9-2 of the Unified Code of Corrections (730 ILCS 5/5-9-2 (West 2014)), requesting that the circuit court vacate $6,000 in imposed "assessments" due to his inability to pay. In September 2014, the circuit court denied the petition.
 
On appeal, the defendant abandoned his claim that his fines should be revoked due to his inability to pay and argued, for the first time, that (1) he should receive $975 in presentencing detention credit against his fines pursuant to section 110-14 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110-14 (West 2012)), and (2) certain fines and fees were erroneously assessed.

United States Supreme Court Justice Ruth Bader Ginsburg to Speak in Chicago on September 11

On Monday, September 11, United States Supreme Court Justice Ruth Bader Ginsburg will speak at the Auditorium Theatre in Chicago with United States Court of Appeals Judge Ann Claire Williams.

Justice Ginsburg, who has served on the Supreme Court since 1993, will discuss her life and judicial career. Judge Williams has served on the Seventh Circuit since 1999 and recently assumed senior status.

Individual tickets go on sale on July 28 at 10 a.m. and are $35 for the general public.

Please visit here for more information.

New Facebook Group Fosters Discussion of Illinois' New Appellate E-Filing System

With the recent introduction of Illinois’ new appellate e-filing system, questions abound among participants, including lawyers, staff, and court staff. To foster a collegial forum in which all ALA members and nonmembers can openly discuss difficulties encountered and solutions discovered, the Appellate Lawyers Association is pleased to announce a new Facebook group, “Unofficial Illinois Appellate E-Filing Tips,” which can be accessed here.

While this group is not ALA-affiliated, our membership will benefit from the chance to ask questions and offer answers. The ALA encourages you to share this announcement with your colleagues and friends—all are welcome.

DISCLAIMER:  The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Sanctions: Combating Improper Conduct in the Appellate Court

By Kimberly Glasford
Law Clerk to Hon. Terrence J. Lavin, Illinois Appellate Court, First District

Appellate practitioners who want to avoid sanctions under Illinois Supreme Court Rule 375 (eff. Feb. 1, 1994) should consult the First District’s decision in Oruta v. Biomat USA, Inc., 2017 IL App (1st) 152789, which provides a good example of what not to do. The decision also reminds practitioners of a potential resource for combating obnoxious litigants.

On January 14, 2013, the circuit court dismissed with prejudice plaintiff Oruta’s pro se claims against defendant Biomat USA, Inc. In September 2015, however, the plaintiff moved to file a service of summons against the defendant. The court denied that motion on September 29, 2015, noting that the court had dismissed the plaintiff’s claims against the defendant 32 months earlier. The plaintiff immediately filed a notice of appeal and filed an amended notice on May 20, 2016. Both notices of appeal, as well as the plaintiff’s appellate brief, stated that the circuit court entered a final judgment years earlier on January 23, 2012. That being said, the notice of appeal identified the 2015 order as the judgment being appealed.

The reviewing court found the plaintiff failed to demonstrate that the court had jurisdiction to entertain his appeal. If a final judgment was entered in 2012, the 2015 notice of appeal was filed well after the requisite 30-day filing period set forth by Illinois Supreme Court Rule 303(a) (eff. Jan. 1, 2015). Similarly, the plaintiff’s brief set forth no basis for the reviewing court to exercise jurisdiction over the 2013 order. Furthermore, the 2015 order was not appealable, as a final judgment was allegedly entered in 2012. Accordingly, the court agreed with the defendant’s sole contention that the appeal should be dismissed for lack of jurisdiction. Yet, the reviewing court found more was required.