Civil fees and criminal assessments. Civil fees and criminal assessments shall meet the requirements of Section 27.1b of the Clerks of Courts Act, 705 ILCS 105/27.1b, and the Criminal and Traffic Assessment Act, 705 ILCS 135/1-1 et seq.
(A) Civil fees.
(1) Fees in civil matters shall be assessed and distributed as set forth herein, in compliance with Section 27.1b of the Clerks of Courts Act, 705 ILCS 105/27.1b.
(2) The fees for filing a complaint, petition or other pleading initiating a civil action shall be as set forth in the schedules below in accordance with case categories established by the Illinois Supreme Court.
(a) SCHEDULE 1: $314 to be divided as follows:
1. $45 to be retained by the Clerk of the Circuit Court and deposited as follows:
A. Court Automation Fund - $20.
B. Court Document Storage Fund - $20.
C. Circuit Court Clerk Operation and Administrative Account - $5.
2. $19 to be remitted to the State Treasurer and deposited as follows:
A. Mandatory Arbitration Fund - $8.
B. Access to Justice Fund - $2.
C. Supreme Court Special Purposes Fund - $9.
3. $250 to be remitted to the County Treasurer and deposited as follows:
A. General Fund (Circuit Clerk) - $184.
B. General Fund (Court Security) - $40.
C. Neutral Site Exchange Fund - $10.
D. Children's Waiting Room Fund - $11.
E. Law Library Fund - $5.
(b) SCHEDULE 2: $264 to be divided as follows:
1. $45 to be retained by the Clerk of the Circuit Court and deposited as follows:
A. Court Automation Fund - $20.
B. Court Document Storage Fund - $20.
C. Circuit Court Clerk Operation and Administrative Account - $5.
2. $19 to be remitted to the State Treasurer and distributed as follows:
A. Mandatory Arbitration Fund - $8.
B. Access to Justice Fund - $2.
C. Supreme Court Special Purposes Fund - $9.
3. $200 to be remitted to the County Treasurer and distributed as follows:
A. General Fund (Circuit Clerk) - $134.
B. General Fund (Court Security) - $40.
C. Neutral Site Exchange Fund - $10.
D. Children's Waiting Room Fund - $11.
E. Law Library Fund - $5.
(c) SCHEDULE 3: $89 to be divided as follows:
1. $22 to be retained by the Clerk of the Circuit Court and deposited as follows:
A. Court Automation Fund - $10.
B. Court Document Storage Fund - $10.
C. Circuit Court Clerk Operation and Administrative Account - $2.
2. $11 to be remitted to the State Treasurer and distributed as follows:
A. Access to Justice Fund - $2.
B. Supreme Court Special Purposes Fund - $9.
3. $56 to be remitted to the County Treasurer and distributed as follows:
A. General Fund (Circuit Clerk) - $30.
B. General Fund (Court Security) - $10.
C. Neutral Site Exchange Fund - $6.
D. Children's Waiting Room Fund - $7.
E. Law Library Fund - $3.
(d) SCHEDULE 4: $0.
(3) The fees for filing an appearance in a civil action shall be as set forth in the schedules below in accordance with case categories established by the Illinois Supreme Court:
(a) SCHEDULE 1: $189 to be divided as follows:
1. $45 to be retained by the Clerk of the Circuit Court and distributed as follows:
A. Court Automation Fund - $20.
B. Court Document Storage Fund - $20.
C. Circuit Court Clerk Operation and Administrative Account - $5.
2. $19 to be remitted to the State Treasurer and distributed as follows:
A. Mandatory Arbitration Fund - $8.
B. Access to Justice Fund - $2.
C. Supreme Court Special Purposes Fund - $9.
3. $125 to be remitted to the County Treasurer and distributed as follows:
A. General Fund (Circuit Clerk) - $60.
B. General Fund (Court Security) - $39.
C. Neutral Site Exchange Fund - $10.
D. Children's Waiting Room Fund - $11.
E. Law Library Fund - $5.
(b) SCHEDULE 2: $109 to be divided as follows:
1. $10 to be retained by the Clerk of the Circuit Court follows:
A. Court Automation Fund - $5.
B. Court Document Storage Fund - $5.
C. Circuit Court Clerk Operation and Administrative Account - $0.
2. $9 to be remitted to the State Treasurer and distributed as follows:
A. Supreme Court Special Purposes Fund - $9.
3. $90 to be remitted to the County Treasurer and distributed as follows:
A. General Fund (Circuit Clerk) - $38.
B. General Fund (Court Security) - $28.
C. Neutral Site Exchange Fund - $10.
D. Children's Waiting Room Fund - $10.
E. Law Library Fund - $5.
(4) Except as otherwise specifically provided, the following miscellaneous fees are to be deposited in the County General Fund to be used for purposes related to the operation of the court system in the County:
(a) Alias summons or citation: $5.
(b) Jury services: $212.
(c) Change of venue: $40.
(d) Petition to vacate or modify:
1. If filed within 30 days: $50.
2. If filed after 30 days: $75.
3. Motion to vacate or amend a final order, motion to vacate ex parte judgment, judgment of forfeiture, or failure to appear, notices sent to Secretary of State: $40.
(e) Appeals preparation:
1. If record is 100 pages or less: $50.
2. If record is between 100 and 200 pages: $100.
3. If record is 200 pages or more: additional fee of $0.25 per page.
(f) 1. Garnishment, wage deduction, and citation proceedings:
A. Amount in controversy $1,000 or less: $15.
B. Amount in controversy greater than $1,000 and not more than $5,000: $30.
C. Amount in controversy greater than $5,000: $50.
2. Debt collection. In any proceeding to collect a debt subject to the exception in division (A)(4)(r)1. below, the circuit court shall order, and the Clerk shall collect from each judgment debtor a fee of:
A. $35 if the amount in controversy in the proceeding is not more than $1,000;
B. $45 if the amount in controversy in the proceeding is greater than $1,000 and not more than $5,000; and
C. $65 if the amount in controversy in the proceeding is greater than $5,000.
(g) Collections:
1. All collections (except state and county and maintenance and child support cases): 2.5% of the amount collected and turned over.
2. In child support and maintenance cases: $36 annually to be deposited in the Child Support Maintenance Fund.
3. Certifications to Secretary of State pursuant to Section 7-703 of the Family Financial Responsibility Law: $5.
4. The State 's Attorney shall receive a 10% fee from the sale of real estate sold in a proceeding for foreclosure of a lien on delinquent real estate taxes. The Circuit Clerk shall collect the fee from the total amount realized from the sale and remit to the County Treasurer. The County Treasurer will credit the earnings to the Office of the State's Attorney.
(h) Mailing: $10 plus the cost of postage.
(i) For each certified copy of a judgment, following the first copy: $10.
(j) Certification, authentication, and reproduction:
1. Each certification or authentication for taking acknowledgement of a deed or other instrument in writing with the seal of office: $6.
2. Reproduction of any document contained in the Clerk's files:
A. $2 for the first page.
B. $0.50 per page for the next 19 pages.
C. $0.25 per page for all additional pages.
(k) For each record search, within a division or municipal district: $6 for each year searched.
(l) For each page of hard copy print output, when case records are maintained on an automated medium: $6.
(m) Performing a marriage in court: $10.
(n) For filing each deed of voluntary assignment: $20; for recording a deed of voluntary assignment: $0.50 for each 100 words.
(o) Expungement and sealing:
1. $60 for the initial petition including the first offense date.
2. $10 mailing cost for the initial petition.
3. $4 per certified copy.
4. $60 for state police fee.
5. $75 for administrative costs for each additional offense date.
6. $10 mailing fee for each additional offense.
7. The Circuit Clerk's total administrative fee for all additional offense dates for a petition to expunge or seal ($75 administrative cost and $10 mailing fee for each additional offense) shall not exceed $160 per petition despite the number of additional offense dates included on the petition.
(p) Probate filings:
1. For each account (other than one final account) filed in the estate of a decedent or ward: $25.
2. Filing a claim:
A. Amount claimed greater than $150 and not more than $500: $20.
B. Amount claimed greater than $500 and not more than $10,000: $40.
C. Amount claimed greater than $10,000: $60.
3. For filing a claim, petition, or supplemental proceeding based upon an action seeking equitable relief: $60.
4. For a jury demand: $137.
5. For each certified copy of letters of office, of court orders or other certifications: $2 per page.
6. For each exemplification: $2 plus the fee for certification.
(q) For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the Clerk's Office: $25.
(r) Miscellaneous.
1. Interest earned on any fees collected by the Clerk shall be turned over to the county General Fund as an earning of the office.
2. For any check, draft, or other bank instrument returned to the Clerk for non-sufficient funds, account closed, or payment stopped, the Clerk shall collect a fee of $25.
(s) Other fees.
1. Any fees not covered in this section shall be set by rule or administrative order of the circuit court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide services in connection with the operation of the clerk's office, other than those services mentioned in this section, as may be requested by the public and agreed to by the clerk and approved by the Chief Judge. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the Chief Judge. Nothing in this division (A)(3)(s) shall be construed to require any clerk to provide any service not otherwise required by law.
(t) Exceptions.
1. No fee authorized by this section shall apply to:
A. Police departments or other law enforcement agencies. In this section, LAW ENFORCEMENT AGENCY means: an agency of the state or agency of a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances; the Attorney General; or any state's Attorney;
B. Any unit of local government or school district, except in counties having a population of 500,000 or more the County Board may by resolution set fees for units of local government or school districts no greater than the minimum fees applicable in counties with a population less than 3,000,000 ; provided however, no fee may be charged to any unit of local government or school district in connection with any action which, in whole or in part, is: (i) to enforce an ordinance; (ii) to collect a debt; or (iii) under the Administrative Review Law;
C. Any action instituted by the corporate authority of a municipality with more than 1,000,000 inhabitants under Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1) and any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1(b)) by a private owner or tenant of real property within1,200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection;
D. Any commitment petition or petition for an order authorizing the administration of psychotropic medication or electroconvulsive therapy under the Mental Health and Developmental Disabilities Code;
E. A petitioner in any order of protection proceeding, including, but not limited to, fees for filing, modifying, withdrawing, certifying, or photocopying petitions for orders of protection, issuing alias summons, any related filing service, or certifying, modifying, vacating, or photocopying any orders of protection; or
F. Proceedings for the appointment of a confidential intermediary under the Adoption Act.
2. No fee other than the filing fee contained in the applicable schedule in this division (A) shall be charged to any person in connection with an adoption proceeding.
3. Upon good cause shown, the court may waive any fees associated with a special needs' adoption. The term SPECIAL NEEDS ADOPTION has the meaning provided by the Illinois Department of Children and Family Services.
(5) Unpaid fees.
(a) Unless a court ordered payment schedule is implemented or the fee requirements of this section are waived by court order, the clerk is authorized to add to any unpaid fees and costs a delinquency amount equal to 15% of the unpaid fees that remain unpaid after 90 days.
(b) Delinquency amounts collected pursuant to this provision shall be deposited into the Circuit Court Clerk Operation and Administrative Account to defray additional administrative costs incurred by the clerk in collecting unpaid fees and costs.
(B) Criminal assessments.
(1) Assessments shall be imposed in criminal, traffic, conservation and non-traffic matters in accordance with the schedules set forth in the Criminal and Traffic Assessment Act, 705 ILCS 135/1-5 et seq., and shall be distributed as set forth herein.
(2) Schedules.
(a) SCHEDULE 1: Generic Felony Offenses. The Clerk shall collect $549 and remit as follows:
1. $354 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $255 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $160.
(ii) General Fund (State's Attorney): $35.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
E. $10 to the Child Advocacy Center Account.
F. $2 to the State's Attorney Records Automation Fund.
G. $2 to the Public Defender Records Automation Fund.
H. $20 to the General Fund (County Jail Medical Costs).
I. $20 to the General Fund (Probation and Court Services).
2. $195 to the State Treasurer.
(b) SCHEDULE 2: Felony DUI Offenses. The Clerk shall collect $1,709 and remit as follows:
1. $399 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Fund.
D. $300 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $205.
(ii) General Fund (State's Attorney): $35.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
(v) $10 to the General Fund (Child Advocacy Center).
(vi) $2 to the State's Attorney Records Automation Fund.
(vii) $2 to the Public Defender Records Automation Fund.
(viii) $20 to the General Fund (County Jail Medical Costs).
(ix) $20 to the General Fund (Probation and Court Services).
2. $1,110 to the State Treasurer.
3. $200 to the treasurer of the unit of local government of the arresting agency.
(c) SCHEDULE 3: Felony Drug Offenses. The Clerk shall collect $2,215 and remit as follows:
1. $354 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $255 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $160.
(ii) General Fund (State's Attorney): $35.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Court): $20.
E. $10 to the Child Advocacy Center Account.
F. $2 to the State's Attorney Records Automation Fund.
G. $2 to the Public Defender Records Automation Fund.
H. $20 to the General Fund (County Jail Medical).
I. $20 to the General Fund (Probation and Court Services).
2. $1,861 to the State Treasurer.
(d) SCHEDULE 4: Felony Sex Offenses. The Clerk shall collect $1,314 and remit as follows:
1. $354 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Fund.
D. $255 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $160.
(ii) General Fund (State's Attorney): $35.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
E. $10 to the General Fund (Child Advocacy Center).
F. $2 to the State's Attorney Records Automation Fund.
G. $2 to the Public Defender Records Automation Fund.
H. $20 to the General Fund (County Jail Medical Costs).
I. $20 to the General Fund (Probation and Court Services).
2. $960 to the State Treasurer.
(e) SCHEDULE 5: Generic Misdemeanor Offenses. The Clerk shall collect $439 and remit as follows:
1. $282 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $185 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $110.
(ii) General Fund (State's Attorney): $15.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
F. $10 to the General Fund (Child Advocacy Center).
G. $2 to the State's Attorney Records Automation Fund.
H. $2 to the Public Defender Records Automation Fund.
I. $10 to the General Fund (County Jail Medical Costs).
J. $20 to the General Fund (Probation and Court Services).
2. $155 to the State Treasurer.
3. $2 to the treasurer of the unit of local government of the arresting agency.
(f) SCHEDULE 6: Misdemeanor DUI Offenses. The Clerk shall collect $1,381 and remit as follows:
1. $322 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $225 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $150.
(ii) General Fund (State's Attorney): $15.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
F. $10 to the General Fund (Child Advocacy Center).
G. $2 to the State's Attorney Records Automation Fund.
H. $2 to the Public Defender Records Automation Fund.
I. $10 to the General Fund (County Jail Medical Costs).
J. $20 to the General Fund (Probation and Court Services).
2. $707 to the State Treasurer.
3. $352 to the treasurer of the unit of local government of the arresting agency.
(g) SCHEDULE 7: Misdemeanor Drug Offenses. The Clerk shall collect $905 and remit as follows:
1. $282 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $185 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $110.
(ii) General Fund (State's Attorney): $15.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
F. $10 to the General Fund (Child Advocacy Center).
G. $2 to the State's Attorney Records Automation Fund.
H. $2 to the Public Defender Records Automation Fund.
I. $10 to the General Fund (County Jail Medical Costs).
J. $20 to the General Fund (Probation and Court Services).
2. $621 to the State Treasurer.
3. $2 to the treasurer of the unit of local government of the arresting agency.
(h) SCHEDULE 8: Misdemeanor Sex Offenses. The Clerk shall collect $1,184 and remit as follows:
1. $282 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $185 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $110.
(ii) General Fund (State's Attorney): $15.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
F. $10 to the General Fund (Child Advocacy Center).
G. $2 to the State's Attorney Records Automation Fund.
H. $2 to the Public Defender Records Automation Fund.
I. $10 to the General Fund (County Jail Medical Costs).
J. $20 to the General Fund (Probation and Court Services).
2. $900 to the State Treasurer.
3. $2 to the treasurer of the unit of local government of the arresting agency.
(i) SCHEDULE 9: Major Traffic Offenses. The Clerk shall collect $325 and remit as follows:
1. $203 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $150 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $75.
(ii) General Fund (State's Attorney): $15.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $20.
2. $97 to the State Treasurer.
3. $25 to the treasurer of the unit of local government of the arresting agency.
(j) SCHEDULE 10: Minor Traffic Offenses. The Clerk shall collect $226 and remit as follows:
1. $168 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $115 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $55.
(ii) General Fund (State's Attorney): $15.
(iii) General Fund (Court Security): $40.
(iv) General Fund (Specialty Courts): $5.
2. $46 to the State Treasurer.
3. $12 to the treasurer of the unit of local government of the arresting agency.
(k) SCHEDULE 10.5: Truck Weight and Load Offenses. The Clerk shall collect $260 and remit as follows:
1. $168 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $115 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $105.
(ii) General Fund (Court Security): $10.
2. $92 to the State Treasurer.
(l) SCHEDULE 11: Conservation Offenses. The Clerk shall collect $195 and remit as follows:
1. $168 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $115 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $105.
(ii) General Fund (Court Security): $10.
2. $25 to the State Treasurer.
3. $2 to the treasurer of the unit of local government of the arresting agency.
(m) SCHEDULE 12: Dispositions under Supreme Court Rule 529 (No Court Appearance Required Traffic Offenses). The Clerk shall collect $164 and remit as follows:
1. $100 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $47 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $37.
(ii) General Fund (Court Security): $10.
2. $14 to the State Treasurer.
3. $50 to the treasurer of the unit of local government of the arresting agency.
(n) SCHEDULE 13: Petty Offense, Business Offense, or Non-Traffic Ordinance Violation. The Clerk shall collect $100 and remit as follows:
1. $75 to the County Treasurer who shall deposit the money as follows:
A. $20 to the Court Automation Fund.
B. $20 to the Court Document Storage Fund.
C. $5 to the Circuit Court Clerk Operation and Administrative Account.
D. $8 to the Circuit Court Clerk Electronic Citation Fund.
E. $22 to the County General Fund to be distributed as follows:
(i) General Fund (Circuit Clerk): $12.
(ii) General Fund (Court Security): $10.
2. $25 to the treasurer of the unit of local government of the arresting agency.
(C) Unpaid assessments.
(1) Unless a court ordered payment, schedule is implemented or the assessment requirements of this section are waived by court order, the Clerk is authorized to add to any unpaid assessments a delinquency amount equal to 15% of the unpaid assessments that remain unpaid after 90 days.
(2) Delinquency amounts collected pursuant to this provision shall be deposited into the Circuit Court Clerk Operation and Administrative Account to defray additional administrative costs incurred by the Clerk in collecting unpaid assessments.
(Ord. 19-0948, passed 6-11-2019; Ord. 20-0982, passed 9-8-2020; Ord. 23-0860, passed 7-11-2023)