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Solo In Chicago

...empowering the Second City's entrepreneurial legal community

Tuesday, January 22, 2008

Next on the Docket for the Supremes: A Fee Waiver Appeal??

Yep I think that's called litigation run amok or is it the ACLU again? But I digress...so a transgender woman was denied her rule 298 fee waiver for a name change and now she's appealing to the IL Supreme Court. The IL Code of Civil Procedure (735 ILCS 5/5‑105) and Supreme Court Rule 298 control the petitions to sue/defend as an indigent person. Sort of interesting; frivolous, but interesting.

I think it's essentially the judges discretion as to what is/isn't "indigent." I was surprised on the only 298 petition I've ever filed on behalf of a pro bono, disabled client that the judge in my particular case didn't allow the fee waiver. The woman has MS and is severely disabled. We only got a three-month fee "delay." Perhaps I should have filed my Notice of Appeal.


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