In re Marriage of Main, 2020 IL App (2d) 200131

1. Case citation and parties
- In re Marriage of Main, 2020 IL App (2d) 200131 (Ill. App. Ct., 2d Dist. Nov. 2, 2020).
- Petitioner-Appellant: Michael S. Main (pro se). Respondent-Appellee: Jeanette L. Main (Triantafillo).

2. Key legal issues
- Whether a self‑represented litigant who has been found indigent and granted a waiver of court fees under 735 ILCS 5/5‑105(a)(1) is entitled to have court transcript costs waived under 735 ILCS 5/5‑105.5 and Ill. S. Ct. R. 298.
- Procedural propriety of certification under Ill. S. Ct. R. 308 and scope of appellate review where respondent did not file a brief.

3. Holding/outcome
- The Second District answered the certified question in the affirmative: an indigent, self‑represented litigant who has been granted a §5‑105 waiver is entitled to a waiver of transcript fees under §5‑105.5 and Supreme Court Rule 298. The cause was remanded for further proceedings consistent with that holding.

4. Significant legal reasoning (concise)
- Jurisdiction/Procedure: The court accepted certification under Rule 308, finding the question purely legal, unresolved in Illinois precedent, and materially advancing the termination of the litigation because resolution was necessary to prepare the appellate record. The court applied de novo review.
- Statutory and rule construction: The court interpreted §5‑105 together with §5‑105.5 and Rule 298 to effectuate access to appellate review for indigent litigants. It emphasized that transcripts are a necessary component of an effective appeal; without them an appellant cannot fairly present issues and appellate courts ordinarily must presume the trial court acted correctly if the record is inadequate.
- Access to courts/due process: Practical and constitutional considerations (right of access and fundamental interests implicated by parenting orders) supported a construction that avoids depriving indigent litigants of appellate review simply because they represent themselves and cannot pay for transcripts.
- The court rejected the trial court’s conclusion that no statute required court administration to pay transcript costs and resolved ambiguity in favor of providing transcript access to indigent pro se litigants.

5. Practice implications for attorneys and courts
- Trial courts: When an indigent litigant has a §5‑105 waiver, courts should address transcript requests promptly and, absent a changed financial showing, facilitate transcript preparation without requiring prepayment. Certification under Rule 308 is appropriate where transcript access is dispositive for an appeal.
- Appellants/pro se litigants: File timely motions citing 735 ILCS 5/5‑105, 5‑105.5 and Ill. S. Ct. R. 298 and serve reporters with the waiver order; preserve evidence of indigence and the necessity of transcripts for appeal.
- Appellate counsel: Be prepared to seek mandamus or interlocutory relief where necessary and to argue that denial of transcripts effectively forecloses appeal.
- Administrative/cost allocation: Courts and administrators should review procedures for handling transcript costs for indigent pro se litigants to avoid delay and protect access to appellate review.