People v. Gutierrez
356 Ill. Dec. 752
| Ill. | 2012Background
- Gutierrez was convicted of predatory criminal sexual assault of a child and sentenced to 20 years.
- A $250 public defender fee was imposed by the Lake County circuit clerk, not by the court.
- Gutierrez appealed, challenging several fines and fees and seeking to supplement the record with a Party Finance Summary Query.
- Appellate Court remanded for a hearing on ability to pay after finding lack of notice and a hearing.
- Illinois Supreme Court held the fee should be vacated outright because the clerk lacked authority and no motion existed to seek the fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review clerk-imposed fee | Gutierrez's appeal included the fee issue via a void-clerk action. | State argues appellate court lacked authority since fee wasn’t ordered by court. | Appellate court had jurisdiction to review the clerk-imposed fee. |
| Whether the public defender fee must be vacated outright | Love requires vacatur when no proper notice/hearing occurred. | Schneider remanded for a hearing; fee may be preserved pending hearing. | Fee must be vacated outright; remand unnecessary. |
| Effect of 90-day deadline in 113-3.1(a) | 90-day period may be directory; remand justified regardless of timing. | Time limit is mandatory; late remand improper. | Court need not resolve mandatory vs directory timing; result vacates fee. |
| Authority of clerk to impose fee without motion | Clerk acted beyond authority; void order attackable at any time. | State/trial court could seek fee; clerk's action could be ratified by court. | Clerk lacked authority; fee vacated and not remanded. |
Key Cases Cited
- People v. Love, 177 Ill.2d 550 (1997) (due process requires proper notice and hearing for fees)
- People v. Schneider, 403 Ill.App.3d 301 (2010) (remand for hearing on ability to pay when no notice/hearing)
- People v. Smith, 228 Ill.2d 95 (2008) (liberal notice interpretation for appellate jurisdiction)
- People v. Lewis, 234 Ill.2d 32 (2009) (notice substantially conforms; jurisdiction to review issue)
- People v. Shaw, 386 Ill.App.3d 704 (2008) (void orders may be attacked on appeal)
- People v. Robinson, 217 Ill.2d 43 (2005) (mandatory vs directory timing in statutory provisions)
- People v. Delvillar, 235 Ill.2d 507 (2009) (statutory timing considerations for enforcement)