103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0001

 

Introduced 2/24/2023, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VI, Sec. 20 new

    Proposes to amend the Judiciary Article of the Illinois Constitution. Provides that a Public Defender shall be appointed for each county in 2024 and every fourth year thereafter for a four-year term. Provides that in counties with a population of 1,000,000 or more the appointment shall be made by the president of the county's board of commissioners with the advice and consent of the county board. Provides that the appointing authorities in other counties are the Circuit Judges of the Circuit Court of the Judicial Circuit in which the county is located. Authorizes 2 or more adjoining counties in the same Judicial Circuit, by joint resolution, to create a common Public Defender's office for the counties joined. Requires individuals who are appointed as a Public Defender to be United States citizens who are licensed to practice law in the State. Specifies that the Public Defender's salary is to be set by law. Effective upon being declared adopted.


LRB103 31101 JDS 57761 e

 

SC0001LRB103 31101 JDS 57761 e

1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
5REPRESENTATIVES CONCURRING HEREIN, that there shall be
6submitted to the electors of the State for adoption or
7rejection at the general election next occurring at least 6
8months after the adoption of this resolution a proposition to
9add Section 20 to Article VI of the Illinois Constitution as
10follows:
 
11
ARTICLE VI
12
THE JUDICIARY

13    (ILCON Art. VI, Sec. 20 new)
14SECTION 20. PUBLIC DEFENDERS - SELECTION, SALARY
15    A Public Defender shall be appointed for each county in
162024 and every fourth year thereafter for a four-year term. In
17counties with a population of 1,000,000 or more, the president
18of the county's board of commissioners shall appoint the
19Public Defender with the advice and consent of the county
20board. In a county with a population of less than 1,000,000,
21the Circuit Judges of the Circuit Court of the Judicial
22Circuit in which the county is located shall, by a majority
23vote of the entire number of those judges, appoint the Public

 

 

SC0001- 2 -LRB103 31101 JDS 57761 e

1Defender. Any 2 or more adjoining counties of this State that
2are within the same Judicial Circuit may, by joint resolution
3of the several county boards involved, create a common Public
4Defender's office for the counties so joined. A person shall
5not be eligible for the office of Public Defender unless the
6person is a United States citizen and a licensed
7attorney-at-law of this State. The Public Defender's salary
8shall be provided by law.
 
9
SCHEDULE
10    This Constitutional Amendment takes effect upon being
11declared adopted in accordance with Section 7 of the Illinois
12Constitutional Amendment Act.