Title
Ordinance to repeal the civil alternate juror fees established pursuant to Public Act 098-1132.
Staff Summary
• Public Act 098-1132 effective on June 1, 2015, reduced the size of juries for civil cases from twelve to six jurors.
• Public Act 098-1132, also provided an additional fee for each alternate juror requested, with that fee to be established by the county.
• On August 11, 2015, Lake County adopted Section 35.25 of its Code or Ordinances establishing the alternate juror fee in accordance with Public Act 098-1132.
• The statutory authority under which Section 35.25 was adopted has been deemed unconstitutional, and the County no longer has the statutory authority to impose an alternate juror fee.
• It is recommended that the County repeal the civil alternate juror fee.
Body
ORDINANCE
WHEREAS, Lake County adopted an alternate juror fee, set forth in Section 35.25 of the Lake County Code of Ordinances, in accordance with Public Act 98-1132; and
WHEREAS, the Illinois Supreme Court held that Public Act 98-1132 is unconstitutional in Kakos v. Butler 2016 IL 120377; and
WHEREAS, as the statutory authority under which Section 35.25 was adopted has been deemed unconstitutional, the County no longer has the statutory authority to impose an alternate juror fee.
NOW, THEREFORE, BE IT ORDAINED, by this County Board of Lake County, Illinois, that Section 35.25, Civil Alternate Juror Fee, of the Lake County Code of Ordinances is hereby repealed effective immediately.
DATED, at WAUKEGAN, LAKE COUNTY, ILLINOIS, on this 8th day of November, 2016.