Illinois Supreme Court
Criminal Court
Postconviction Petitions
Defendant was convicted of murder after bench trial. Court ordered Defendant to pay $359 fees and costs, after summarily dismissing Defendant's postconviction petition. Section 22-105 of Code of Civil Procedure, which allows imposition of fees and costs for "frivolous lawsuits filed by prisoners", includess postconviction petitions summarily dismissed per res judicata or forfeiture, which are necessarily frivolous or patently without merit. Fee provision in Section 22-105 does not violate principles of due process or equal protection; it does not restrict a prisoner's meaningful access to courts, and is rationally related to goal of stemming tide of frivolous silings by prisoners. (FREEMAN, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)