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92_SR0060
LRB9203118RCcs
1 SENATE RESOLUTION
2 WHEREAS, When co-defendants are represented by the same
3 attorney, that attorney is ethically required to provide the
4 same defense to all defendants and cannot defend one of the
5 co-defendants by implicating another co-defendant; and
6 WHEREAS, When the public defender is appointed to
7 represent co-defendants in a capital case, the public
8 defender may be unable to present the best defense for each
9 co-defendant because of the possible harm to the defense of
10 other co-defendants; and
11 WHEREAS, The Illinois Supreme Court has the authority to
12 require separate counsel for each co-defendant in capital
13 cases; therefore be it
14 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL
15 ASSEMBLY OF THE STATE OF ILLINOIS, that we respectfully urge
16 the Illinois Supreme Court to adopt rules that require, in
17 capital cases with co-defendants, that the public defender be
18 appointed to represent only one co-defendant; that each
19 co-defendant has his or her own counsel, either retained by
20 the co-defendant or appointed by the court; and be it further
21 RESOLVED, That a copy of this resolution be delivered to
22 the Illinois Supreme Court.