Smith-Silk v. Prenzler

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (5th) 120546
Decision Date: 
October 24, 2013
District: 
5th Dist.
Division/County: 
St. Clair Co.
Justice: 
GOLDENHERSH
Holding: 
Affirmed.
Plaintiffs filed suit challenging $5 "neutral site fee" charged to all persons filing civil suit or appearance fee in Circuit Court, per State legislation allowing county boards to establish by ordinance an additional filing fee in civil cases to defray cost of operating neutral site custody exchange centers. Fees have a rational basis as fees allow for creation of neutral site custody exchanges, thereby reducing burden on courts caused by litigation from problematic custody exchanges; fees are sufficiently related to operation of court system and are not unconstitutional. (SPOMER and WELCH, concurring.)