Morawicz v. Hynes

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-0316 Rel

Case Date: 04/07/2010

Preview:THIRD DIVISION April 7, 2010 No. 1-09-0316 MARION MORAWICZ and CLARENCE BOWERS, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. DANIEL W. HYNES, as Illinois State Comptroller, and ALEXI GIANNOULIAS, as Illinois State Treasurer, Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY

No. 07 L 6960

HONORABLE RONALD F. BARTKOWICZ, JUDGE PRESIDING.

JUSTICE STEELE delivered the opinion of the court: In this case, plaintiffs Marion Morawicz and Clarence Bowers prevailed on a claim against defendants Daniel W. Hynes and Alexi Giannoulias in their official capacities as Illinois State Comptroller and Treasurer, respectively, that funds were unlawfully transferred from the Lawyers Assistance Program (LAP) and the Mandatory Arbitration Fund (MAF) into the state's general revenue fund. Plaintiffs now appeal orders of the circuit court of Cook County denying a permanent injunction, interest and attorney fees. For the following reasons, we affirm. BACKGROUND The record on appeal discloses the following facts. On July 5, 2007, Morawicz (an attorney) and Bowers (a party litigant) filed a putative class action against Hynes and Giannoulias in their official capacities, alleging that funds were unlawfully swept from the LAP and MAF into the state's general revenue fund. The "sweeps," or fund transfers, were ostensibly authorized by section 8.45 of the State Finance Act. 30 ILCS 105/8.45 (West 2006). Morawicz and Bowers alleged that the sweeps of court fees for other purposes violated the state constitution by creating

1-09-0316 an unreasonable or arbitrary tax classification. Morawicz and Bowers sought injunctive relief and a return of the funds, plus interest, punitive damages, and attorney fees. On October 4, 2007, Morawicz and Bowers amended their complaint, additionally claiming standing as taxpayers to challenge sweeps from 95 other state funds specified in section 8.45 of the State Finance Act. Morawicz and Bowers also sought an accounting for LAP and MAF. On October 15, 2007, Morawicz and Bowers further amended their complaint to specifically seek a declaration that the amendment of section 8.45 of the State Finance Act (30 ILCS 105/8.45 (West 2006)) by Public Act 94--839 (Pub. Act 94

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