Martinez v. County of Stephenson

We are called upon to decide whether section 47 of the Fees and Salaries Act (section 47) (55 ILCS 45/47 (West 1992)) requires a county to pay per diem and mileage fees to residents of that county who are witnesses in criminal trials. We hold that there is no such obligation and that section 47 requires a county to reimburse only witnesses who are required to attend from a foreign county or State. Therefore, we reverse the trial court’s declaratory judgment in favor of plaintiff, Beth Martinez, and against defendant, the County of Stephenson (County).

The crucial facts are not in dispute. At…