Summary as Introduced
Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more 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 (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.
Staff Analysis
The Illinois State Public Defender Act (HB3363) represents a significant reform to the state's indigent defense system, creating a centralized framework while maintaining local public defender offices. This comprehensive legislation establishes new state-level structures to improve the quality, consistency, and funding of legal representation for those unable to afford counsel across Illinois.
Constitutional Foundation and Purpose
The State Public Defender Act is fundamentally grounded in the constitutional right to counsel. The legislation explicitly recognizes that "zealous legal representation in criminal, juvenile delinquency, and dependency proceedings and related matters is a constitutional right of the people of the State of Illinois and that high-quality legal representation should be available regardless of a person's ability to pay". This declaration sets the tone for the entire bill, emphasizing the state's obligation to ensure effective legal representation for indigent persons.
This legislative initiative responds to longstanding concerns about Illinois' public defense system. A 2021 report by the Sixth Amendment Center, commissioned by the Illinois Supreme Court, found that "Illinois' structure of public defense services is decentralized and lacking in oversight.” The report highlighted that many counties lacked adequate supervision or resources for public defenders, with 60 counties where "the county government decides whether to have a public defender at all"7. HB3363 directly addresses these structural deficiencies.
Historical Context
The current patchwork system of county-based public defenders in Illinois has operated with minimal state oversight or coordination. Counties with populations greater than 35,000 have been required to have public defender offices, while smaller counties could choose whether to establish them. This has led to inconsistent quality and availability of indigent defense services across the state. The new legislation creates a unified framework while respecting existing county infrastructures.
New Organizational Structure
The legislation establishes several key components that form a comprehensive restructuring of public defense in Illinois.
Office of State Public Defender
At the core of this legislation is the creation of the Office of State Public Defender as "an independent agency within the judicial branch of government". This independence is crucial for ensuring that public defenders can zealously represent their clients without undue influence from other branches of government. The office will be headed by the State Public Defender, who will serve a six-year term, with the initial appointee serving a two-year planning term.
The State Public Defender will have salary parity with the Attorney General, signaling the importance of this position. This equivalence in compensation acknowledges the vital constitutional role played by public defenders in the justice system, placing them on equal footing with the state's chief prosecutor.
State Public Defender Commission
Providing oversight and direction, the bill creates an 11-member State Public Defender Commission composed of individuals with "significant experience in indigent defense or a strong commitment to quality representation". The commission's independence is safeguarded by prohibiting recent judges, elected officials, prosecutors, and law enforcement personnel from serving within two years of receiving compensation in those roles.
The commission will be responsible for crucial functions including:
- Approving the State Public Defender's budget request
- Establishing and publishing standards for trial-level public defense
- Overseeing the distribution of the Public Defender Fund
- Implementing performance metrics to assess indigent defense services
This oversight structure addresses a key deficiency identified by the Sixth Amendment Center: that Illinois "has no oversight structure whatsoever (no state commission, state agency, or state officer) to ensure that these county boards and circuit court" fulfill constitutional obligations.
Powers and Duties
The legislation grants the State Public Defender extensive powers and responsibilities designed to enhance public defense services throughout Illinois.
State Public Defender's Role
The State Public Defender's powers include providing direct representation in regional offices, assisting county public defenders with personnel and resources, maintaining panels of private attorneys for appointments, establishing training programs, and ensuring technological support for county offices.
A significant duty includes "ensuring access to a digital discovery storage management system, case management software, and legal research subscriptions for each public defender office". This technological modernization addresses practical challenges faced by many public defender offices, particularly in less-resourced counties.
The State Public Defender is also tasked with "collaborating with other court stakeholders to advocate for adequate funding of court systems", recognizing that effective indigent defense requires proper funding throughout the justice system.
First-Year Implementation
The bill outlines specific first-year tasks for the initial State Public Defender, including:
- Conducting a comprehensive survey "to determine the number of employees and contractors providing public defense services in the state and the types and numbers of matters they are handling"
- Establishing a Public Defender Advisory Board of attorneys to advise on practice issues and resource needs
- Creating a Client Community Advisory Board to provide perspective on client experiences
- Developing application processes for Chief County Public Defender vacancies
- Establishing procedures for distributing funds to counties
These initial steps are designed to gather crucial data and create collaborative structures for ongoing improvement of the system.
Public Defender Fund
The bill creates "the Public Defender Fund as a special fund in the State treasury" to provide funding to counties with populations of 3,000,000 or less. Crucially, this funding "shall supplement, not supplant, existing county public defender budgets and services". Counties must certify they will not reduce their own public defense funding to receive these state funds.
This supplemental approach protects against counties shifting financial burdens to the state while ensuring additional resources reach public defender offices. The provision directly addresses a common concern in federalist systems where new state funding can lead to local disinvestment.
Chief County Public Defender Selection
The legislation significantly reforms how Chief County Public Defenders are selected. Previously, these appointments were made by circuit court judges or county executives with minimal standardization. Under HB3363, the process will involve:
- The State Public Defender convening a Local Nominating Committee with the Chief Judge (for smaller counties) or with the County Board President (for counties over 3,000,000)
- This committee, comprising diverse stakeholders but excluding recent prosecutors and law enforcement, recommending candidates
- The State Public Defender Commission making the final appointment
This reformed is intended to ensure professional qualifications and independence in these crucial leadership positions, but would result in a loss of local circuit court control over appointments.
Performance Metrics and Data Collection
The State Public Defender Commission is mandated to "identify and implement a system of performance metrics to assess the provision of indigent defense services in the State relative to the standards established by the Commission under the State Public Defender Act and national standards and benchmarks.” This data collection will enable evidence-based improvements to the system.
Confidentiality Protections
The bill amends the Freedom of Information Act to exempt specific public defender records, including client identity, case files, and attorney-client privileged information. However, "deidentified, aggregated administrative records" remain public, maintaining transparency around system performance while protecting individual clients.
Conclusion
The State Public Defender Act represents the most significant restructuring of Illinois' public defense system in recent history. By creating a state-level office with robust powers to support and supplement county efforts, establishing statewide standards, and providing a mechanism for oversight and data collection, the Act aims to address longstanding deficiencies in the indigent defense system.
The legislation's emphasis on constitutional rights, professional standards, and supplemental funding creates a framework that could potentially transform how legal representation is provided to indigent defendants across Illinois. If enacted, the bill would align Illinois with states that have implemented more centralized approaches to public defense.