Kane County Court Fees Chief Judge F. Keith Brown Presentation to - - PowerPoint PPT Presentation

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Kane County Court Fees Chief Judge F. Keith Brown Presentation to - - PowerPoint PPT Presentation

Dec 24, 2022 36 likes •329 views

Kane County Court Fees Chief Judge F. Keith Brown Presentation to the Kane County Board August 9, 2011 Statutorily Authorized Fee Increase According to 2010 Federal Census, Kane County now has a population over 500,000 Under 500,000,

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Kane County Court Fees

Chief Judge F. Keith Brown Presentation to the Kane County Board August 9, 2011

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Statutorily Authorized Fee Increase

  • According to 2010 Federal Census, Kane County

now has a population over 500,000

  • Under 500,000, fees are governed by 705 ILCS

105/27.1a

  • Over 500,000, fees are governed by 705 ILCS

105/27.2

  • “The fees of the clerks of the circuit court in all counties having a

population in excess of 500,000 inhabitants but less than 3,000,000 inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, counties with more than 500,000 inhabitants but less than 3,000,000 inhabitants must charge the minimum fee listed in this Section and may charge up to the maximum fee if the county board has by resolution increased the fee.” 705 ILCS 105/27.2.

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Current State of the Judiciary: Large Operation

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Current State of the Judiciary: Large Operation

Department

  • No. of Employees

Budget* Judiciary 39 $2,200,116 Circuit Clerk 96.5 $4,160,795 State’s Attorney 88 $4,522,550 Public Defender 44 $2,759,692 Court Services 157 $8,889,031

  • Judiciary as a whole is comprised of several

departments, all of which are impacted by court fees

*Information obtained from Kane County, Illinois Fiscal Year 2011 Budget. Budgetary information reflects General Fund revenue only

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Current State of the Judiciary: Large Operation

$22,532,184 31% $50,208,057 69%

Comparison of General Fund Revenue Received by Judiciary Departments v. Entire County Government

Judiciary Departments Other County Departments

*Information obtained from Kane County, Illinois Fiscal Year 2011 Budget

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Current Funding State of the Judiciary

  • Shortfall of money to run the court

system

  • Mandates
  • Translators
  • Court-appointed counsel fees
  • Psychiatric and psychological evaluations
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Current Funding State of the Judiciary

  • Salaries have remained stagnant, despite increases

in the consumer price index (CPI)

Year Court Services Judiciary State’s Attorney’s Office Public Defender CPI 2011 0% 0% 0% 0% 3.6%* 2010 2.3% 0% 0% 0% 1.6% 2009 2.4% 1.9%** 0% 0%

  • .4%

2008 4.6% 4% 0% 0% 3.8% 2007 4.6% 4% 4.3% 3% 2.8%

*3.6% reflects the CPI over the last 12 months, from June 2010 to June 2011 **Salary increase for 2009 was 4%, but included 5 unpaid holidays. Thus, 1.9% reflects the true salary increase amount.

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Current Salary Levels in Relation to CPI: Court Services

98.00 100.00 102.00 104.00 106.00 108.00 110.00 112.00 114.00 116.00 2006 2007 2008 2009 2010 2011 Salary Increase CPI

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Current Salary Levels in Relation to CPI: Judiciary

98.00 100.00 102.00 104.00 106.00 108.00 110.00 112.00 114.00 2006 2007 2008 2009 2010 2011 Salary Increase CPI

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Current Salary Levels in Relation to CPI: State’s Attorney

98 100 102 104 106 108 110 112 114 2006 2007 2008 2009 2010 2011 Salary Increase CPI

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Current Salary Levels in Relation to CPI: Public Defender

98 100 102 104 106 108 110 112 114 2006 2007 2008 2009 2010 2011 Salary Increase CPI

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Current Salary Levels in Relation to CPI: Sheriff’s Corrections (Union)

98 100 102 104 106 108 110 112 114 2006 2007 2008 2009 2010 2011 SalaryIncrease CPI

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Current Salary Levels in Relation to CPI: Circuit Clerk

98.00 103.00 108.00 113.00 118.00 123.00 128.00 133.00 2006 2007 2008 2009 2010 2011 Union Salary Increase Non-Union Salary Increase CPI

* Deputy Clerk starting salary is $26,000

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Current Funding State of the Judiciary

  • Disparity between Kane County judiciary salaries

and judiciary salaries of neighboring counties of similar size

  • Article published by The Courier-News, August 2, 2011, indicated that

there has been a trend over the last couple of years with assistant state’s attorneys receiving their training and experience in Kane County, then leaving to accept opportunities for more money in neighboring counties

  • Article indicated that starting salary for Kane County assistant state’s

attorney is $40,000, compared to $51,600 in McHenry, $54,100 in DuPage, $53,700 in Lake, and $51,600 in Will

  • “Kane’s Top Prosecutor Seeks Pay Hikes for Attorneys,” The Courier-News, 08/02/2011
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Current State of the Judiciary: State’s Attorney Salary Comparison

County Starting Salary DuPage $54,100 Lake $53,700 Will $51,600 McHenry $51,600 Kane $40,000

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Current State of the Judiciary: State’s Attorney Salary Comparison

10,000 20,000 30,000 40,000 50,000 60,000

State's Attorney Starting Salary

DuPage Lake Will McHenry Kane Average

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Current State of the Judiciary: Public Defender Salary Comparison

County Starting Salary DuPage $54,150 Lake $53,778 Will $51,665 McHenry $51,626 Kane $39,399

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Current State of the Judiciary: Public Defender Salary Comparison

10,000 20,000 30,000 40,000 50,000 60,000

Public Defender Salary

DuPage Lake Will McHenry Kane Average

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Current State of the Judiciary: Court Services Salary Comparison

County Starting Salary Maximum Salary Will $40,922 $61,383 Lake $40,810 $58,240 DuPage $39,016 $57,388 McHenry $35,120 $51,012 Kane $34,172 $50,259 Probation Officer County Starting Salary Maximum Salary Will $45,014 $67,521 DuPage $39,999 $59,985 McHenry $39,059 $57,369 Kane $36,749 $54,123 Special Programs Probation Officer (IPS)

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Court Services Salary Survey

$30,000 $32,000 $34,000 $36,000 $38,000 $40,000 $42,000 Will Lake DuPage McHenry Kane Average

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Current State of the Judiciary: Sheriff’s Salary Comparison

Year Probationary Salary Step One Salary Step Two Salary 2006 $42,936 $47,712 $63,816 2007 $44,652 $49,620 $66,372 2008 $46,440 $51,600 $69,024 2009 $48,300 $53,644 $71,784

Deputies Corrections

  • Starting salary as of 2010: $43,212
  • After six years, top step salary: $66,372
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Future of the Judiciary: Continued Growth & Need for Funding

  • Kane County to receive four new judges
  • Implications of additional Judges:
  • Technology
  • Physical Space
  • Additional Staff
  • Need for new Case Management System
  • Estimated to cost $5-12 million, according to preliminary

numbers from County’s URL study

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State of the Judiciary: Need for Increased Fees

Additional revenues needed for:

  • 1. Technology
  • 2. Growth
  • 3. Competitive Wage Scale
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Fee Increase

  • Pursuant to 705 ILCS 105/27.2, the County Board is

authorized to increase court fees.

Filing Current Fee Fee Range Proposed Fee Lake Fee DuPage Fee

Civil filing: Generally, subject to the below exemptions: $150 $150 - $190 $190 $190 $190 Damages $251- $1000 $20-$30 $20-$40 $40 $28 $40 Damages $1,001- $2,500 $30 $30-$50 $50 $38 $50 Damages $2,501- $5,000 $75 $75-$100 $100 $85 $100 Eminent Domain $150 $150-$225 $225 $225 $225 Forcible Entry &Detainer: Possession only

  • r Damages ≤

$15,000 $40 $40-$75 $75 $75 $75 Damages > $15,000 $150 $150-$225 $225 $225 $225

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Fee Increase

Filing Current Fee Fee Range Proposed Fee Lake Fee DuPage Fee

Civil Appearance: Generally, subject to below exceptions: $50 $50-$75 $75 $75 $75 Damages ≤ $1,500 $20 $20-$40 $40 $40 $40 Damages $1,501-$15,000 $40 $40-$60 $60 $60 $60 Probate Administration

  • f Estate

$100 $100-$150 $150 $150 $150 Administration

  • f Estate:

Property ≤ $15,000 $25 $25-$40 $40 $40 $40 Filing a claim: $500-$9,999 $25 $25-40 $40 $40 $40 Filing a claim: ≥ $10,000 $40 $40-60 $60 $60 $60

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Fee Increase

Filing Current Fee Fee Range Proposed Fee Lake Fee DuPage Fee

Probate Filing a claim- equitable relief $40 $40-$60 $60 $60 $60 Jury Demand $102.50 $137.50 $137.50 $137.50 $137.50 Disposition of the collection of judgment or settlement $30 $30-$50 $50 $50 $50 Tax Deeds Petition with one parcel $150 $150-$250 $250 $250 $250

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Potential Revenue

Based on the number of filings in 2010, an increase in fees could yield...

$1,144,611.00 in revenue

The number of future filings is expected to increase from the 2010 numbers, thereby generating additional revenue

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County Board Authority

Board resolution is required in order to authorize fee increase.

“[C]ounties with more than 500,000 inhabitants but less than 3,000,000 inhabitants must charge the minimum fee…and may charge up to the maximum fee if the county board has by resolution increased the fee.” 705 ILCS 105/27.2.

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Questions?