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(55 ILCS 5/Div. 3-4 heading) Division 3-4.
Public Defender and Appointed Counsel
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(55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000) (Text of Section before amendment by P.A. 104-300) Sec. 3-4000. Legislative declaration. The General Assembly recognizes
that quality legal representation in criminal and related proceedings is a
fundamental right of the people of the State of Illinois and that there
should be no distinction in the availability of quality legal
representation based upon a person's inability to pay. Therefore, it is the
intent of the General Assembly to provide for effective county public
defender systems throughout the State and encourage the active and
substantial participation of the private bar in the representation of
indigent defendants.(Source: P.A. 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4000. Legislative declaration. The General Assembly recognizes that quality legal representation in criminal, juvenile court proceedings and related matters is a fundamental constitutional right of the people of the State of Illinois and that there should be no distinction in the availability of quality legal representation based upon a person's ability to pay. Therefore, it is the intent of the General Assembly to provide for an effective public defense system throughout the State and encourage the active and substantial participation of the private bar in the representation of accused people.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1) (Text of Section before amendment by P.A. 104-300) Sec. 3-4000.1. Definitions. In this Division, except when a particular
context clearly requires a different meaning, the following definitions apply: "Board" means the county board of commissioners. "President" means the president of the county board.(Source: P.A. 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4000.1. Definitions. In this Division, except when a particular context clearly requires a different meaning, the following definitions apply: "Board" means the county board of commissioners. "President" means the president, speaker, or chair of the county board. "Chief County Public Defender" means a county chief public defender appointed to the office of public defender in one or more counties under Section 3-4001, 3-4002, or 3-4003. "State Public Defender" has the meaning ascribed to it in Section 10 of the State Public Defender Act. (Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001) (Text of Section before amendment by P.A. 104-300) Sec. 3-4001. Public defender in counties over 35,000. In each
county of this State containing 35,000 or more inhabitants
there is created the office of Public Defender and the person to be
appointed to such office shall be known as the Public Defender. No person
shall be eligible to or hold such office unless he is duly licensed as an
attorney and counsellor-at-law in this State.(Source: P.A. 86-962.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4001. Chief County Public Defender in counties over 35,000. In each county of this State containing 35,000 or more inhabitants there is created the Office of Public Defender and the person to be appointed to such office shall be known as the Chief County Public Defender. No person shall be eligible to hold such office unless he is duly licensed as an attorney in this State.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002) (Text of Section before amendment by P.A. 104-300) Sec. 3-4002. Public defender in counties of less than 35,000. In each county of this State containing less than 35,000
inhabitants, the county board may, by resolution, create the office of
Public Defender and the person appointed to such office shall be known as
the Public Defender. No person shall be eligible to or hold such office
unless he or she is duly licensed as an attorney at law in this State.(Source: P.A. 86-962.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4002. Chief County Public Defender in counties of less than 35,000. In each county of this State containing less than 35,000 inhabitants, the county board may, by resolution, create the Office of Public Defender and the person appointed to such office shall be known as the Chief County Public Defender. No person shall be eligible to or hold such office unless he or she is duly licensed as an attorney in this State.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003) (Text of Section before amendment by P.A. 104-300) Sec. 3-4003. Public defender in adjoining counties. Any 2 or
more adjoining counties of this State that are within
the same judicial circuit, may by joint resolution of the several county
boards involved, create a common office of Public Defender for the counties
so joined. The person appointed to such office shall be known as the Public
Defender. No person shall be eligible to or hold such office unless he or
she is duly licensed as an attorney at law in this State.(Source: P.A. 86-962.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4003. Chief County Public Defender in adjoining counties. Any 2 or more adjoining counties of this State that are within the same judicial circuit may, by joint resolution of the several county boards involved, create a common Office of Public Defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county. The person appointed to the Office shall be known as the Chief County Public Defender. No person shall be eligible to or hold the Office unless he or she is duly licensed as an attorney in this State.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004) (Text of Section before amendment by P.A. 104-300) Sec. 3-4004. Appointment of Public Defender in counties under 1,000,000. As soon as may be after this Division becomes applicable to a county with
a population under 1,000,000, the judges of the Circuit Court of the
circuit in which the county is located shall, by a majority
vote of the entire number of those judges, appoint to the
office of Public Defender a properly qualified person, who shall hold
office, his death or resignation not intervening, at the pleasure of the
judges competent to appoint. Whenever a vacancy occurs in the
office it shall be filled in the same manner, and the
person appointed to fill the vacancy shall have the same tenure of office.(Source: P.A. 86-962; 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4004. Appointment of Chief County Public Defender in counties under 3,000,000. When a vacancy occurs in the position of Chief County Public Defender in a county with a population under 3,000,000, the Chief Judge of the Circuit Court in which the county is located, or counties if the Chief Public Defender serves in 2 or more counties, shall notify the State Public Defender. The State Public Defender shall convene and co-chair a Local Nominating Committee composed of between 4 and 6 members. The second co-chair of the committee shall be the Chief Judge or a Circuit Judge serving as their designee. The State Public Defender and the Circuit Judges shall each appoint one-half of the other committee members, who shall be familiar with the practice of public defense in the relevant county and judicial circuit, including criminal defense or representation of clients under the Juvenile Court Act of 1987, or both. Membership shall be diverse, include a variety of public defense stakeholders, and be free from interests that would pose a conflict with the effective operation of the public defender office. Members may include, but are not limited to, representatives from legal professional associations, law schools, the public defense community, the private defense bar, the judiciary, county government, community organizations, and former public defender clients and their family members. No person shall be appointed to the Committee who, within the 2 years prior to appointment, has received compensation to be a prosecutor or law enforcement official, or who has served as an employee of such a person. The Local Nominating Committee shall recommend one or more candidates to the State Public Defender Commission, whose members shall then appoint a properly qualified Chief County Public Defender from the candidate or candidates submitted. Whenever a vacancy occurs in the office, it shall be filled in the same manner, and the person appointed to fill the vacancy shall begin a new 10-year term.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1) (Text of Section before amendment by P.A. 104-300) Sec. 3-4004.1. Appointment of Public Defender in counties over 1,000,000. Whenever a vacancy shall occur in the position of Public Defender
in counties over 1,000,000, a properly qualified person shall be appointed
to the position by the President with the advice and consent of the Board.(Source: P.A. 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4004.1. Appointment of Chief County Public Defender in counties over 3,000,000. When a vacancy occurs in the position of Chief County Public Defender in a county with a population over 3,000,000, a properly qualified person shall be appointed to the position by the President with the advice and consent of the Board.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2) (Text of Section before amendment by P.A. 104-300) Sec. 3-4004.2. Qualifications of Public Defender and terms of
employment in counties over 1,000,000. In counties with a population over
1,000,000, the following qualifications and terms of employment shall apply: (a) The president shall select as Public
Defender only a person with the following qualifications: an attorney whose
practice of law has clearly demonstrated experience in the representation
of persons accused of crime; who has been licensed to practice law in this
State or in another state for at least 5 years; who has had administrative
experience; and who is dedicated to the goals of providing high quality
representation for eligible persons and to improving the quality of defense
services generally. (b) The Public Defender shall devote full time to the duties of the
public defender system and shall not otherwise engage in the practice of law. (c) The Public Defender once approved by the Board shall serve for 6
years and may be removed by the President only for good cause or
dereliction of duty after notice and a hearing before the Board. The
effective date of this amendatory Act of 1991 shall be deemed the
commencement of the term of the current public defender. (d) The Public Defender's compensation shall be set at a level that is
commensurate with his qualifications and experience and professionally
appropriate with the responsibility of the position.
The Public Defender's compensation shall be
comparable with that paid to circuit court judges, but in no event
shall be more than that of the State's Attorney of the county.(Source: P.A. 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4004.2. Qualifications of Chief County Public Defender and terms of employment. In counties with an appointed Chief County Public Defender, the following qualifications and terms of employment shall apply: (a) The Chief County Public Defender shall be: an | ||
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(b) The Chief County Public Defender shall devote | ||
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(c) In counties over 3,000,000, the Chief County | ||
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(c-5) In counties under 3,000,000, once approved, the | ||
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(d) (Blank). (e) At the expiration of a term, the Chief County | ||
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(f) Terms and qualifications apply to Chief County | ||
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(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005) (Text of Section before amendment by P.A. 104-300) Sec. 3-4005. Oath of office. The person appointed as Public
Defender, before entering on the duties of his office, shall take and
subscribe an oath of office in writing before one of the judges competent
to appoint, which oath shall be filed in the office of the County Clerk.(Source: P.A. 86-962.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4005. Oath of office. The person appointed as Chief County Public Defender, before entering on the duties of his office, shall take and subscribe an oath of office in writing before one of the judges qualified to administer it, which oath shall be filed in the office of the County Clerk.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006) Sec. 3-4006. Duties of public defender. The Public Defender, as directed by the court, shall act as attorney, without fee, before any court within any county for all persons who are held in custody or who are charged with the commission of any criminal offense, and who the court finds are unable to employ counsel. The Public Defender shall be the attorney, without fee, when so appointed by the court under Section 1-5 of the Juvenile Court Act of 1987. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent. Every court shall, with the consent of the defendant and where the court finds that the rights of the defendant would be prejudiced by the appointment of the public defender, appoint counsel other than the public defender, except as otherwise provided in Section 113-3 of the "Code of Criminal Procedure of 1963". That counsel shall be compensated as is provided by law. He shall also, in the case of the conviction of any such person, prosecute any proceeding in review which in his judgment the interests of justice require. In counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising or being heard within the geographical boundaries of the county where the public defender has been appointed to office and to those of county residents with immigration cases outside of the county unless the board authorizes the public defender to provide representation beyond those limits. (Source: P.A. 104-225, eff. 8-15-25.) |
(55 ILCS 5/3-4006.1)
Sec. 3-4006.1. (Repealed).
(Source: P.A. 91-589, eff. 1-1-00. Repealed by P.A. 101-275, eff. 8-9-19.)
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(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007) (Text of Section before amendment by P.A. 104-300) Sec. 3-4007. Compensation. (a) The public defender
shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided
in subsection (b), as the
sole compensation for his or her services a salary in an
amount
fixed by the County Board. When a Public Defender in a county of 30,000 or
more population
is receiving not less than 90% of the compensation of the State's Attorney
of such county, that Public Defender shall not engage in the private
practice of law. (b) The State must pay 66 2/3% of the public defender's annual
salary. If the public defender is employed full-time in that capacity, his or
her salary must be at least 90% of that county's State's attorney's annual
compensation. Subject to appropriation, these amounts furnished by the State shall be payable monthly
by
the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Public Defender is employed. (c) In cases where 2 or more adjoining counties have joined
to form a common office of Public Defender, the salary of the Public
Defender shall be set and paid as provided by a joint resolution of the
various county boards involved.(Source: P.A. 97-72, eff. 7-1-11.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4007. Compensation. (a) The Chief County Public Defender shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided in subsection (b), as the sole compensation for his or her services a salary in an amount fixed by the County Board. (b) If the Chief County Public Defender is employed full-time in that capacity, his or her salary must be at least 95% of that county's State's Attorney's annual compensation and will be eligible for the same amount of State reimbursement as that county's State's Attorney under Section 4-2001. State funding for assistant public defenders must be at least equal to that for Assistant State's Attorneys, including supplements for counties housing certain State institutions as described in Section 4-2001. Subject to appropriation, these amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Chief County Public Defender is employed. (c) In cases where 2 or more adjoining counties have joined to form a common office of Public Defender or otherwise collaborate under Section 3-4003, the salary of the Chief County Public Defender shall be set and paid as provided by a joint resolution of the various county boards involved and the counties shall be entitled to the same State reimbursements described in subsection (b).(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008) (Section scheduled to be repealed on January 1, 2027) Sec. 3-4008. Assistants in counties under 1,000,000. The Public
Defender in counties with a population under 1,000,000 shall have
power to appoint, in the manner directed by the
judges mentioned in Section 3-4004 the
number of assistants, all duly licensed practitioners, that those judges
deem necessary for the proper discharge of the
duties of the office, who shall serve at the pleasure of the Public
Defender. He shall also, in like manner, appoint the number of
clerks and other employees
necessary for the due transaction of the business of the office. The
compensation of the assistants, clerks and employees shall be
fixed by the County Board and paid out of the county treasury.(Source: P.A. 86-962; 87-111. Repealed by P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1) (Text of Section before amendment by P.A. 104-300) Sec. 3-4008.1. Assistants in counties over 1,000,000. The Public
Defender in counties with a population over 1,000,000 shall
appoint assistants, all duly licensed practitioners, as
that Public Defender shall deem necessary for the proper discharge of the
duties of the office,
who shall serve at the pleasure of the Public Defender. The Public Defender shall also, in
like manner, appoint clerks and other employees necessary for
the transaction of the business of the office. The compensation of and the
appropriate number of assistants, clerks, and employees shall be fixed by
the County Board and
paid out of the county treasury.(Source: P.A. 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4008.1. Assistant public defenders. The Chief County Public Defender shall appoint assistants, all duly licensed practitioners, as that Chief County Public Defender shall deem necessary for the proper discharge of the duties of the office, who shall serve at the pleasure of the Chief County Public Defender. The Chief County Public Defender shall also, in like manner, appoint clerks and other employees necessary for the transaction of the business of the office. The compensation of and the appropriate number of assistants, clerks, and employees shall be fixed by the County Board and paid out of the county treasury.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009) (Text of Section before amendment by P.A. 104-300) Sec. 3-4009. Office quarters; expenses. The County
Board shall provide suitable office quarters for the use
of the Public Defender, and shall pay out of the county treasury for
necessary office, travel and other expenses incurred in the defense of
cases. In counties of less than 500,000 population, such payment shall be
made after the circuit court of the county approves
such expenses as being necessary and proper. In cases where 2 or more
adjoining counties have joined to form a common office of Public Defender,
the expenses incurred under this Section shall be paid as provided for in a
joint resolution of the various county boards involved.(Source: P.A. 86-962.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4009. Office quarters; expenses. County Boards shall provide suitable office quarters for the use of the Chief County Public Defender and other public defender office employees, and shall pay out of the county treasury for necessary office, travel and other expenses incurred in the defense of cases, including, but not limited to, social workers, investigators, expert witnesses, mitigators, and administrative staff. In cases where 2 or more adjoining counties have joined to form a common office of Public Defender or otherwise collaborate under Section 3-4003, the expenses incurred under this Section shall be paid as provided for in a joint resolution of the various county boards involved.(Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4010) (from Ch. 34, par. 3-4010) (Section scheduled to be repealed on January 1, 2027) Sec. 3-4010. Records; reports in counties under 1,000,000. The
Public Defender in counties with a population under 1,000,000 shall keep a
record of the services rendered by him or her and prepare and file quarterly or monthly, as determined by the County Board, with
the County Board a written report of such services transmitting a copy of
such report to the clerk of the Circuit Court for the judges thereof. In
cases where 2 or more adjoining counties have joined to form a common
office of Public Defender, the Public Defender so appointed shall file his or her quarterly or
monthly report with each of the several county boards involved.(Source: P.A. 99-774, eff. 8-12-16. Repealed by P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1) (Text of Section before amendment by P.A. 104-300) Sec. 3-4010.1. Records; reports in counties over 1,000,000. The
public defender in counties with a population over 1,000,000 shall keep a
record of the services rendered by him and
prepare and file quarterly with the president a written report of those services.(Source: P.A. 87-111.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4010.1. Records; reports. The Chief County Public Defender in counties with a population over 35,000 shall keep a record of the services rendered by the office of the public defender and prepare and file quarterly with the president and Commission a written report of those services. If 2 or more adjoining counties have joined to form a common Office of public defender or otherwise collaborate under Section 3-4003, the Chief County Public Defender so appointed shall file his or her quarterly report with each of the several county boards involved. (Source: P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011) (Section scheduled to be repealed on January 1, 2027) Sec. 3-4011. Expenses and legal services for indigent defendants in felony cases. It shall be the duty of the county board in counties containing fewer than 500,000 inhabitants to appropriate a sufficient sum for the purpose of paying for the legal services necessarily rendered for the defense of indigent persons in felony cases, which is to be paid upon the orders of a court of competent jurisdiction. It shall likewise be the duty of the county board in counties containing fewer than 500,000 inhabitants to appropriate a sufficient sum for the payment of out of pocket expenses necessarily incurred by appointed counsel in the prosecution of an appeal on behalf of an indigent incarcerated defendant in felony cases. In such cases payment shall be made upon the order of the reviewing court.(Source: P.A. 103-51, eff. 1-1-24. Repealed by P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4012) Sec. 3-4012. (Repealed).
(Source: P.A. 97-673, eff. 6-1-12. Repealed by P.A. 100-987, eff. 7-1-19.) |
(55 ILCS 5/3-4013) (Section scheduled to be repealed on January 1, 2026) Sec. 3-4013. Public Defender Quality Defense Task Force. (a) The Public Defender Quality Defense Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders; and (iv) provide recommendations to the General Assembly and Governor on legislation to provide for an effective public defender system throughout the State and encourage the active and substantial participation of the private bar in the representation of accused people. (b) The following members shall be appointed to the Task Force by the Governor no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly: (1) 2 assistant public defenders from the Office of | ||
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(2) 5 public defenders or assistant public defenders | ||
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(3) One Cook County circuit judge experienced in the | ||
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(4) One circuit judge from outside of Cook County | ||
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(5) One representative from the Office of the State | ||
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Task Force members shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties. If a vacancy occurs in the Task Force membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the Task Force. (c) The Task Force shall hold a minimum of 2 public hearings. At the public hearings, the Task Force shall take testimony of public defenders, former criminal defendants represented by public defenders, and any other person the Task Force believes would aid the Task Force's examination and recommendations under subsection (a). The Task may meet as such other times as it deems appropriate. (d) The Office of the State Appellate Defender shall provide administrative and other support to the Task Force. (e) The Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study. The Task Force shall submit the report of its findings and recommendations to the Governor and the General Assembly no later than December 31, 2023. (f) This Section is repealed on January 1, 2026.(Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22; 103-1059, eff. 12-20-24. Repealed by P.A. 104-300, eff. 1-1-27.) |
(55 ILCS 5/3-4014) (Text of Section before amendment by P.A. 104-300) Sec. 3-4014. Public Defender Fund. (a) (Blank). (b) The Public Defender Fund is created as a special fund in the State treasury. All money in the Public Defender Fund shall be used, subject to appropriation, by the Illinois Supreme Court to provide funding to counties with a population of 3,000,000 or less for public defenders and public defender services pursuant to this Section 3-4014. (Source: P.A. 102-1104, eff. 12-6-22; 103-8, eff. 7-1-23.) (Text of Section after amendment by P.A. 104-300) Sec. 3-4014. Public Defender Fund. (a) (Blank). (b) The Public Defender Fund is created as a special fund in the State treasury. All money in the Public Defender Fund shall be used, subject to appropriation, by the State Public Defender to provide funding to counties with a population of 3,000,000 or less for use by public defenders for public defender services and related expenses pursuant to this Section 3-4014. (Source: P.A. 103-8, eff. 7-1-23; 104-300, eff. 1-1-27.) |