People ex rel. Waller v. 1992 Oldsmobile Station Wagon

Claimant, Walter Sims, appeals the circuit court’s order forfeiting a 1992 Oldsmobile pursuant to section 36 — 1 of the Criminal Code of 1961. (Ill. Rev. Stat. 1991, ch. 38, par. 36 — 1 (now 720 ILCS 5/36 — 1 (West 1992)).) Sims contends that section 36 — 1 is unconstitutional because it grants judicial power to the Attorney General and because it vests judicial functions in the executive, rather than the judicial, branch, in violation of the separation of powers' provisions of the Illinois Constitution. (Ill. Const. 1970, art. VI, § 1.) Sims also contends that the forfeiture in this case…