Take Action: Improve Public Defense in Illinois
5/28/25
Action Required
Please call your Illinois state senator and ask them to support the Public Defender Act (aka FAIR Act) in order for all Illinois residents to have access to effective public defenders no matter what county they live in.
The bill has already passed in the Illinois House—help us take it over the finish line in the Senate!
The legislation aims to improve the quality and consistency of public defense across Illinois for individuals who cannot afford counsel by creating more standardized systems, increasing transparency, and providing additional support for public defenders at both the state and county levels.
Background
The State of Illinois has a constitutional obligation to provide representation to individuals who cannot afford private attorneys. However, the State cedes decisions regarding public defense to county boards and local judges without any state oversight or standards. Not one county has sufficiently funded its public defense system.
The quality and quantity of public defense services varies greatly from county to county, depending on elected officials’ allocation of funding for public defense. This creates a risk that the State’s constitutional obligation is compromised by lack of training to provide adequate public defense and unchecked county and judicial authority.
Consistent with the practices of almost all other states, the FAIR Act is proposed legislation that would establish an Office of State Public Defender and an independent State Public Defender Commission to appoint the State Public Defender. The Office and Commission would:
Set standards for attorney workload, training, and resources, free of judicial and political influence
Appoint Chief Public Defenders
Assess each counties’ need for additional resources
Distribute funds to counties’ public defense offices
Gather, analyze and release data
Learn more about the FAIR Act.
League Position
The League supports improvements in courtroom procedures that serve to minimize confusion and delay and increase fairness and efficiency. Trials should be prompt, with a limit on the time the accused can be held in jail prior to trial. Sufficient numbers of well-paid and well-trained judges, assistant state's attorneys, public defenders and other court personnel are essential. Uniform standards should be used for appointing public defenders
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