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ROSE v. PUCINSKI

No. 1-99-1987.

746 N.E.2d 800 (2001)

321 Ill. App.3d 92

254 Ill.Dec. 43

Kevin ROSE, Lataunia Green, Ronald Basik and Richard Waterson, individually and in a representative capacity on behalf of all others similarly situated, Plaintiffs-Appellants, v. Aurelia PUCINSKI, Clerk of the Circuit Court of Cook County, and Judy Baar Topinka, Treasurer of State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 22, 2001.

Attorney(s) appearing for the Case

Krislov & Assoc., Ltd., Chicago (Clinton Krislov, of counsel); Law Office of Richard Grossman, Chicago (Richard Grossman, of counsel); and Law Offices of Gary Schlesinger, Libertyville (Gary Schlesinger, of counsel), for Appellants.

James Ryan, Attorney General, Joel Bertocchi, Solicitor General, Chicago (Brian Barov, of counsel), for Appellees.

Presiding Justice HARTMAN delivered the opinion of the court:

This appeal challenges the constitutionality of funding the mandatory arbitration program under the Code of Civil Procedure (Code) section 2-1009A (735 ILCS 5/2-1009A (West 1998) (section 2-1009A)) in Cook County, which exacts a $10 charge on all circuit court civil filings of cases. The charge is imposed even for causes that are statutorily and by rule precluded from using the arbitration system funded...

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