County of Randolph v. State of Illinois — 35 Ill. Ct. Cl. 868

COUNTY OF RANDOLPH, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

The County of Randolph sought reimbursement for expenses incurred in habeas corpus proceedings involving inmates of state institutions. The court awarded $603.00 based on a stipulation that the fees were statutorily set.

Claim type: Other

Statutes cited: Ill. Rev. Stat., ch. 65, par. 37; Ill. Rev. Stat., ch. 65, par. 37 et se9.

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

STIPuLATroNs-habeas corpus-fees awarded county f o r services to nonresident inmates of correctional facility. Pursuant to stipulation of parties, fees and expenses were awarded county which handled habeas corpus petitions on behalf of inmates of correctional facility located in county, where inmates involved were not residents of the county at time of commitment.

WILLIAM A. SCHUWERK, J R ., for Claimant. NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent.

POCH,J.

This cause having come for consideration on the stipulation of the State of Illinois and the Court being duly advised in the premises:

Finds, that this cause arises pursuant to “An Act to provide for the reimbursement of counties . . . for expenses, costs and fees incurred in habeas corpus proceedings.” (Ill. Rev. Stat., ch. 65, par. 37 et se9.) Section 1 (Ill. Rev. Stat., ch. 65, par. 37) provides that:

“In all counties in Illinois wherein there may be situated a State penal or charitable institution, the State shall assume and pay to such county the necessary expenses incurred by it, and its officers, either by means of service rendered or otherwise, by reason of court proceedings therein involving a petition for relief by habeas corpus, by or on behalf of, an inmate of such institution who was not a resident of such county at the time of his commitment and was not committed by any court therein.”

The Respondent, State of Illinois, has stipulated that [*869]

(

869 ,, the fees requested by the County of Randolph are statutorily set and equal the amount of $603.00.

It is hereby ordered, that the County of Randolph be paid $603.00 from the Court of Claims fund in compliance with “An Act to provide for the reimbursement of counties . . . for expenses, costs and fees incurred in habeas corpus proceedings.” Ill. Rev. Stat., ch. 65, par. 37.