{
  "id": 5577282,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JUAN L. SANTILLAN, Appellant",
  "name_abbreviation": "People v. Santillan",
  "decision_date": "1990-09-26",
  "docket_number": "No. 69166",
  "first_page": "176",
  "last_page": "178",
  "citations": [
    {
      "type": "official",
      "cite": "138 Ill. 2d 176"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 3459,
    "ocr_confidence": 0.771,
    "sha256": "fa325147797690f62138e2d62343e23d017eebf7c3ec9e31dc6b932bb2ce3b64",
    "simhash": "1:f7185a9f25dbf015",
    "word_count": 561
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  "last_updated": "2023-07-14T21:27:37.998829+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JUAN L. SANTILLAN, Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE CALVO\ndelivered the opinion of the court:\nJuan L. Santillan, a non-English-speaking defendant, was charged with a criminal offense in the circuit court of Kane County. Defendant required the services of an interpreter. Defendant deposited $2,500 in satisfaction of a $25,000 bail bond.\nOn May 19, 1989, the criminal charge was nolprossed. Defendant moved to have his bail bond refund paid to his attorney, and the circuit court so ordered. After defendant and his attorney left the courtroom, the interpreter presented a verified petition for interpreter\u2019s fees to the circuit court, and the circuit court ordered $496 be paid to the interpreter out of defendant\u2019s bail bond refund.\nDefendant\u2019s attorney was unaware of this action by the circuit court until he wrote a letter to the clerk of the circuit court on May 31, 1989, inquiring why he had not received the full bail bond refund. On June 15, 1989, defendant\u2019s attorney filed a motion to vacate the bond refund order. At a hearing on the motion on July 10, 1989, the circuit court held section 3 of \u201cAn Act relating to the appointment of interpreters in State courts ***\u201d (Ill. Rev. Stat. 1987, ch. 38, par. 165 \u2014 13) unconstitutional, because the circuit court concluded the county should not be required to pay for an interpreter for a defendant who has not demonstrated indigency. Section 3 provides:\n\u201cThe court shall determine a reasonable fee for all such interpreter services which shall be paid out of the general county funds.\u201d (Ill. Rev. Stat. 1987, ch. 38, par. 165-13.)\nDefendant\u2019s attorney appeals from this order pursuant t.o Supreme Court Rule 603 (107 Ill. 2d R. 603).\nBoth defendant\u2019s attorney and the State argue that section 3 is constitutional. Section 3 provides for payment of an interpreter\u2019s fees from general county funds. Section 3 does not make a distinction between defendants who are indigent and defendants who are not indigent. The circuit court cited neither law nor reason why the legislature would be constitutionally prohibited from requiring counties to pay for the required services of an interpreter, regardless of the indigency or lack thereof of a defendant.\nAs defendant\u2019s attorney argues, an interpreter is provided for a non-English-speaking defendant in order to provide a fair trial and to ensure the defendant understands the nature of the criminal proceedings against him. The State points out that if a defendant is unable to communicate with the court or with his or her counsel, the defendant is effectively denied the right of access to the courts and all other rights are rendered meaningless. We agree with the State that section 3 is narrowly tailored to serve the interests of justice while placing a negligible burden on the counties.\nWe hold section 3 is constitutional. It was improper for the trial court to hold defendant responsible for the interpreter\u2019s costs. We therefore reverse the circuit court, remand the cause, and order that defendant\u2019s motion to vacate the bail bond order be allowed.\nReversed and remanded, with directions.",
        "type": "majority",
        "author": "JUSTICE CALVO"
      }
    ],
    "attorneys": [
      "James J. Moroni, of Moroni & Handley, of Carol Stream, for appellant.",
      "Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Terence M. Madsen and Richard S. London, Assistant Attorneys General, of Chicago, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 69166.\nTHE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JUAN L. SANTILLAN, Appellant.\nOpinion filed September 26, 1990.\nJames J. Moroni, of Moroni & Handley, of Carol Stream, for appellant.\nNeil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Terence M. Madsen and Richard S. London, Assistant Attorneys General, of Chicago, of counsel), for the People."
  },
  "file_name": "0176-01",
  "first_page_order": 186,
  "last_page_order": 188
}