By Judge Jorge L. Ortiz, Chair of the Commission on Access to Justice, and the Access to Justice Division, AOIC

One of the core functions of the Illinois Supreme Court Commission on Access to Justice is the creation of certain statewide standardized court forms. Hopefully you have heard (or seen) that our statewide courts forms are undergoing a big graphic redesign that will improve their usability and make them easier on the eyes. The statewide Application for Waiver of Court Fees in civil cases was among the first redesigned forms released in January 2024. In addition to incorporating new design elements, the new Application incorporates recent amendments to Supreme Court Rule 298, which governs civil fee waivers and requires all civil fee waiver applicants to use the statewide Application form.

The amendments to Rule 298, which took effect on September 1, 2023, clarify certain procedures for filing and deciding civil fee waiver applications. Perhaps more significantly, a new comment to the Rule provides: “Paragraph (b)(1). Applicants receiving assistance under one or more of the means-based governmental public benefits programs are not required to provide any additional financial information because they have been screened, reviewed, and approved by the relevant government agency and regular recertification is required to maintain that benefit” (emphasis added).

An applicant who attests on Section 3 of their Application that they receive means-based government benefits is doing so under penalty of perjury pursuant to 735 ILCS 5/1-109, and they qualify for a full fee waiver based on their receipt of these benefits alone. The new comment makes clear that applicants who indicate that they receive means-based public benefits are not required to provide any additional financial information and should not be required to complete Section 4 Financial Information. The Supreme Court has approved the statewide Application for Fee Waiver form, which clearly instructs applicants not to complete Section 4 if they have indicated they receive one of the benefits listed in Section 3.

The new comment acknowledges the realities of receiving means-based government benefits. To receive these benefits, a recipient must meet strict financial and other eligibility criteria. Recipients are screened, reviewed, and approved by the relevant government agency, and are required to regularly recertify to maintain that benefit. Obtaining current documentation of a means-based government benefit is not always an easy feat and may require a lengthy in-person visit to a Department of Human Services or Social Security Administration office, particularly for recipients who are not tech savvy.

Among the other changes to Rule 298, which took effect on September 1, 2023:

• Paragraph (a) specifies that the Application for Waiver of Court fees must be signed under penalty of perjury and requires the statewide Application form to include a certification under 735 ILCS 5/1-109.
  
• Paragraph (b)(2) provides that applicants must be allowed to file an Application for Waiver of Court Fees in the court where the applicant’s case will be heard.
  
• Paragraph (c)(1) requires courts to rule on the Application on the basis of the information contained on the face of the Application, without conducting a hearing, unless the court determines that relevant sections of the Application are incomplete or give rise to a factual issue regarding the applicant’s satisfaction of the conditions for a waiver.
  
• Paragraph (c)(2) prohibits outright denial of an Application when the court determines that relevant sections are incomplete or there is a factual issue regarding the applicant’s entitlement to a waiver. In those instances, the applicant must be notified of the deficiencies and given the opportunity to amend the Application and/or be given a remote hearing in accordance with Rule 45, unless the applicant requests an in-person hearing or will already be present in the courthouse on the date of the hearing.

Judges may be happy to learn that the statewide Order on Application for Waiver of Court Fees has been streamlined, and the fee waiver judicial bench card was updated in January 2024. The fee waiver bench card and many other bench cards can be found on the Commission on Access to Justice’s website at https://atjil.org/.