Walker v. People ex rel. Madigan

Section 15-1504.1 of Code of Civil Procedure imposes a $50 filing fee in residential mortgage foreclosure cases, 2% of which is retained by clerk of court in which complaint is filed. Section 15-1504.1 does not violate judicial fee officer prohibition in Article VI, Section 14, of Illinois Constitution. Fee officer prohibition was aimed at officers who had a direct role in adjudicative process of court system, and were compensated for their services through payment of fees taxed to the litigants. Clerks of court are nonjudicial officers, and perform no adjudicative or quasi-judicial function, and thus do not fall within ambit of fee officer provision of Illinois Constitution. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and BURKE, concurring.)