People v. Wilcoxen Modified Upon Denial of Rehearing - see modified opinion filed 7/27/05

State: Illinois

Court: 3rd District Appellate

Docket No: 3-03-0555 Rel

Case Date: 04/22/2005

No. 3--03--0555

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2005

THE PEOPLE OF THE STATE OF
ILLINOIS,

Plaintiff-Appellee,

BRUCE WILCOXEN,

Defendant-Appellant.

ILLINOIS DEPARTMENT OF
CORRECTIONS,

Intervenor-Appellant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Appeal from the Circuit Court
of the 9th Judicial Circuit
Fulton County, Illinois

No. 81--CF--128

Honorable
Eugene Taylor
Judge, Presiding

Modified upon Denial of Rehearing

JUSTICE HOLDRIDGE delivered the opinion of the court:

The Fulton County circuit court ordered the Illinois Department of Corrections (IDOC) to pay attorney's fees for appointed counsel who represented an inmate during discharge proceedings under the Sexually Dangerous Persons Act (the Act) (725 ILCS 205/0.01 et seq. (West 2002)). The IDOC argues that the circuit court lacked authority to enter this order. We affirm.

BACKGROUND

In 1982 Bruce Wilcoxen was found to be a sexually dangerous person and committed to the IDOC under the Act. In 2001, pursuant to his rights under the Act, Wilcoxen filed for discharge on the grounds that he had recovered and was no longer sexually dangerous. The circuit court appointed an attorney to represent him. The matter proceeded to a trial where a jury found that Wilcoxen had not recovered. Accordingly, he was returned to the custody of the IDOC.

Wilcoxen's appointed attorney filed a petition for fees, which the court granted in an order requiring the IDOC to pay the bill ($7,570.30). The IDOC intervened and argued, inter alia, that the order was prohibited by the doctrine of sovereign immunity. The court disagreed and found that it had authority to assess the attorney's fees against the IDOC "as a cost of providing services to inmates." Accordingly, the court entered an order stating that the fees "shall be paid by the State of Illinois through the Illinois Department of Corrections." The IDOC responded with this appeal.

STANDARD OF REVIEW

The parties agree that our standard of review is denovo. See People v. Johnson, 206 Ill. App. 3d 348 (2002) (noting that questions of law are subject to de novo review).

DISCUSSION

The Illinois Constitution states: "Except as the General Assembly may provide by law, sovereign immunity in this State is abolished." Ill. Const. 1970, art. XIII,