Schilb v. Kuebel

Appellant John Schilb brought this class action on behalf of all criminal defendants against whom the Clerk of the Circuit Court of St. Clair County, Illinois, had assessed fees of 10% of the amounts deposited as bail bonds. At issue was Ill. Ann. Stat., c. 38, § 100-7 (a) (1970), which allowed a defendant to be released from custody upon “deposit with the clerk of the court ... a sum of money equal to 10% of the bail” which had been set by the court. Appellant challenged, under the Equal Protection and Due Process Clauses of the Fourteenth Amendment, the provision that “the clerk of the…