(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)
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.)
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(55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1)
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.)
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(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)
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.)
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(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)
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.)
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(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)
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.)
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(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
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.)
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(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)
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.)
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(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
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.)
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(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)
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.)
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(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 1-20 of the Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of 1987 or by any court under Section 5(b) of the
Parental Notice of Abortion Act of 1983 for any party who the court finds
is financially unable to employ counsel.
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.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-4006.1)
Sec. 3-4006.1.
Powers and Duties of the Cook County Public Defender.
For each State fiscal year,
the Cook County Public Defender shall appear before the General Assembly and
request appropriations to be made
from the Capital Litigation Trust Fund to the State Treasurer for the purpose
of providing trial defense assistance in capital cases. The Public Defender
may appear before the General Assembly at other times during the State's fiscal
year to request supplemental appropriations be made from the Trust Fund to the
State Treasurer.
(Source: P.A. 91-589, eff. 1-1-00.)
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(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
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.)
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(55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008)
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.)
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(55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)
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.)
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(55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009)
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.)
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(55 ILCS 5/3-4010) (from Ch. 34, par. 3-4010)
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 and prepare and file monthly 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
monthly report with each of the several county boards involved.
(Source: P.A. 86-962; 87-111.)
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(55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)
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.)
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(55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
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, and for costs, expenses
and legal services necessary in the prosecution of an appeal when the
sentence is death, 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. 86-962.)
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(55 ILCS 5/3-4012)
Sec. 3-4012. Public defender's fees in counties of 3,000,000 or more population. The Cook County Public Defender shall be entitled to a $2 fee to be paid
by the defendant on a judgment of guilty or a grant of supervision for a violation of any provision of the Illinois
Vehicle Code or any felony, misdemeanor, or petty offense to
discharge the expenses of the Cook County Public Defender's office for
establishing and maintaining automated record keeping systems.
The fee shall be remitted monthly to the county treasurer, to
be deposited by him or her into a special fund designated as
the Public Defender Records Automation Fund. Expenditures
from this fund may be made by the Public Defender for
hardware, software, research, and development costs and
personnel related thereto.
(Source: P.A. 97-673, eff. 6-1-12 .)
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