free access clause in Illinois

2021On the other hand, a charge having no relation to the services rendered, assessed to provide general revenue rather than compensation, is a tax.” Id. ¶ 39 Crocker recognized, however, that statutes imposing litigation taxes do not necessarily offend the free access clause.

2021Indeed, in reference to the free access clause, Crocker restated these important principles: - 12 - “ ‘ “ ‘The constitution does not guarantee to the citizen the right to litigate without expense, but simply protects him from the imposition of such terms as unreasonably and injuriously interfere with his right to a remedy in the law or impede the due administration of justice ***.’ ” ’ ” Id. at 454-55 (quoting Ali v. Danaher, 47 Ill. 2d 231, 236 (1970), quoting Williams v. Gottschalk, 231 Ill. 175, 179 (1907), quoting Adams v. Corriston, 7 Minn. 456, 461 (1862)).

2001Lee v. Pucinski, 267 Ill.

2001Lee, 267 Ill.

2005"The free access clause protects litigants from the imposition of unreasonable fees that interfere with their right to a remedy in the law or impede with the due administration of justice." Rose , 321 Ill.

2005“The free access clause protects litigants from the imposition of unreasonable fees that interfere with their right to a remedy in the law or impede with the due administration of justice.” Rose, 321 Ill.

2001Zamarron, 282 Ill.

2001Zamarron, 282 Ill.

2021Indeed, in reference to the free access clause, Crocker restated these important principles: - 12 - “ ‘ “ ‘The constitution does not guarantee to the citizen the right to litigate without expense, but simply protects him from the imposition of such terms as unreasonably and injuriously interfere with his right to a remedy in the law or impede the due administration of justice ***.’ ” ’ ” Id. at 454-55 (quoting Ali v. Danaher, 47 Ill. 2d 231, 236 (1970), quoting Williams v. Gottschalk, 231 Ill. 175, 179 (1907), quoting Adams v. Corriston, 7 Minn. 456, 461 (1862)).

2017For instance, in Ali, the supreme court determined that a $1 law library fee did not violate the free access clause because the library was available to all litigants and was “conducive to a proper and even improved administration of justice, which benefits every litigant.” Ali, 47 Ill. 2d at 237 .

2021See also Sanko v. Carlson, 69 Ill. 2d 246, 250 (1977). ¶ 40 Applying these principles, we concluded that the $5 charge in Crocker interfered unreasonably with plaintiffs’ access to courts.

2021Indeed, in reference to the free access clause, Crocker restated these important principles: - 12 - “ ‘ “ ‘The constitution does not guarantee to the citizen the right to litigate without expense, but simply protects him from the imposition of such terms as unreasonably and injuriously interfere with his right to a remedy in the law or impede the due administration of justice ***.’ ” ’ ” Id. at 454-55 (quoting Ali v. Danaher, 47 Ill. 2d 231, 236 (1970), quoting Williams v. Gottschalk, 231 Ill. 175, 179 (1907), quoting Adams v. Corriston, 7 Minn. 456, 461 (1862)).

2021Indeed, in reference to the free access clause, Crocker restated these important principles: - 12 - “ ‘ “ ‘The constitution does not guarantee to the citizen the right to litigate without expense, but simply protects him from the imposition of such terms as unreasonably and injuriously interfere with his right to a remedy in the law or impede the due administration of justice ***.’ ” ’ ” Id. at 454-55 (quoting Ali v. Danaher, 47 Ill. 2d 231, 236 (1970), quoting Williams v. Gottschalk, 231 Ill. 175, 179 (1907), quoting Adams v. Corriston, 7 Minn. 456, 461 (1862)).

2021Moreover, “ ‘[w]hether a statute is wise and whether it is the best means to achieve the desired result are matters for the legislature, not the courts.’ ” Piccioli, 2019 IL 122905, ¶ 20 (quoting Moline School District No. 40 Board of Education, 2016 IL 119704, ¶ 28 ). ¶ 60 The free access clause qualifies the rational basis standard generally applied to the broader concept of due process by identifying in advance the legitimate governmental interest of the legislature—the operation and maintenance of the court system.

2021See Hertz Corp. v. City of Chicago, 2017 IL 119945, ¶ 31 .

2017Id.; see also Lipe v. O’Connor, 2014 IL App (3d) 130345, ¶ 11 . ¶ 22 In contending that the Room Fee violates the free access clause, plaintiff relies on Crocker v. Finley, 99 Ill. 2d 444 (1984), and Boynton v. Kusper, 112 Ill. 2d 356 (1986).

2017Id.; see also Lipe v. O’Connor, 2014 IL App (3d) 130345, ¶ 11 . ¶ 22 In contending that the Room Fee violates the free access clause, plaintiff relies on Crocker v. Finley, 99 Ill. 2d 444 (1984), and Boynton v. Kusper, 112 Ill. 2d 356 (1986).

2017Id.; see also Lipe v. O’Connor, 2014 IL App (3d) 130345, ¶ 11 . ¶ 22 In contending that the Room Fee violates the free access clause, plaintiff relies on Crocker v. Finley, 99 Ill. 2d 444 (1984), and Boynton v. Kusper, 112 Ill. 2d 356 (1986).

2017Id.; see also Lipe v. O’Connor, 2014 IL App (3d) 130345, ¶ 11 . ¶ 22 In contending that the Room Fee violates the free access clause, plaintiff relies on Crocker v. Finley, 99 Ill. 2d 444 (1984), and Boynton v. Kusper, 112 Ill. 2d 356 (1986).

2014Burger v. Lutheran General Hospital, 198 Ill. 2d 21, 31 (2001). ¶ 11 The free access clause of the Illinois Constitution of 1970 provides that “[e]very person shall find a certain remedy in the laws for all injuries and wrongs,” and “shall obtain justice by law, freely, completely, and promptly.” Ill.