Court of Claims a rare venue for pro bono volunteers

By Delores J. Martin

Of all the court systems in Illinois, the least likely to be encountered is the Court of Claims. Oftentimes, an attorney will discover this forum serendipitously, perhaps while doing pro bono work for a client.

Rarely, if ever, is an attorney versed in the rules or statutes of this court before bringing this first claim. Faced with a claim in this venue, you begin formulating questions, such as:

What is the Court of Claims? How do I file a claim? What are the statutes of limitation? What are the filing fees? What can I expect to happen after filing?

The brief outline below will address some procedural considerations and provide a starting point for your research.

The Illinois Court of Claims, established in July 1906, is a forum of specific jurisdiction that decides monetary claims and lawsuits against the State of Illinois.

The law and rules governing the court are set forth in the Court of Claims Act (Ill. Comp. Stat. 1998 as supplemented, 705 ILCS 505/1, et seq.) and summarized in the Illinois Court of Claims Rules and Statutes (Rules).

This court has exclusive jurisdiction over claims against the state. For a complete listing of the court’s jurisdiction, see Rules, p. 23, 24.

Seven judges who sit on the court are appointed by the governor and confirmed by the Senate to serve six-year terms. Sixteen commissioners, appointed by the court, conduct trials, take evidence and make recommendations.

The attorney general represents the state on all matters, and the secretary of state serves as ex-officio clerk.

In addition to exclusive jurisdiction in matters against the state, the court also administers claims under the following acts: Line of Duty Compensation Act, Illinois National Guardsmen and Naval Militiamen’s Compensation Act, and the Crime Victims Compensation Act.

For full descriptions of these acts, see: Rules, p. 12-17, p. 18-19, and p. 30-40, respectively.

A claim is commenced by timely delivering the prepared, signed document along with five collated copies to the clerk’s office at either 630 S. College St., Springfield, IL 62756, or 100 W. Randolph St., 10th Floor, Chicago, IL 60601.

The document should contain the date, time and circumstances that gave rise to the claim asserted, along with a general description of the debt, obligation, injury, damage or loss incurred.

The claim must be accompanied by any associated documentation, such as invoices and receipts, along with a check for the appropriate filing fees, if required. For a full description of filing fee requirements, see: Rules, p. 10-11.

The statute states that claims are “forever barred therein unless it is filed with the Clerk of the Court within the time set forth.” Statutory timeframes for filing a claim extend from one year to five years.

For instance, a personal injury claim must be filed within one year. This deadline may be extended an additional year if a Notice of Intent to File (giving the name, date, location a brief description of how the incident occurred be entered) is filed within one year of the date of injury.

A contract claim has a more liberal deadline, allowing for up to five years to file after the contract first accrues. Exceptions are made for minors and persons with legal disabilities (see: Rules, p. 27-28). If an adverse decision is rendered, you will have 30 days to appeal.

If you are assigned a case that belongs in this court, there are plenty of available resources to assist you. First, consult the Court of Claims Web site for sample forms and documents at www.cyberdriveillinois.com/departments/court_of_claims/home.html.

If you still have questions, call the clerk’s office at (217) 782-7101.

Springfield attorney Delores Martin, a member of the ISBA Committee on Delivery of Legal Services, is deputy clerk of the Illinois Court of Claims.