People v. Vara

Summary

The Illinois Supreme Court held that an appellate court lacked jurisdiction to review fines recorded by a circuit clerk that were not imposed by the circuit court. Because the clerk’s recording was a ministerial act rather than a final judgment, the court vacated the appellate court’s judgment and dismissed the appeal. The court stated that errors in the clerk’s records could instead be addressed through cooperation with the clerk, correction by the circuit court, or a mandamus proceeding.

Holdings

1. The appellate court lacked jurisdiction to review the circuit clerk's recording of mandatory fines that were not included in the circuit court's final judgment because the clerk's recording was a clerical, ministerial act rather than a final judgment.
2. A circuit clerk has no authority to assess a criminal fine that was not imposed by the circuit court.
3. When the appellate court decides the merits of an appeal over which it lacks jurisdiction, the proper disposition is to vacate the appellate court's judgment and dismiss the appeal.

Questions Presented

1. Whether the Illinois Appellate Court had jurisdiction to review fines recorded by the circuit clerk that were not imposed in the circuit court's final sentencing judgment.
2. Whether the appellate court could impose mandatory fines omitted from the circuit court's judgment or remand for their imposition.
3. Whether the appellate court erred in vacating the $200 sexual-assault fine identified in the written sentencing order.
4. Whether the Illinois Supreme Court should amend its rules to permit correction of statutorily unauthorized sentences at any time by motion in the circuit court.

Disposition

vacated