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
House Bill 3363, introduced in the 2025-2026 session of the 104th General Assembly, proposes the creation of the State Public Defender Act. This legislation aims to establish the Office of the State Public Defender as an independent agency within the judicial branch of the Illinois state government.
Key Provisions of HB3363:
1. Establishment of the Office of the State Public Defender:
• The bill creates the Office of the State Public Defender, which will operate independently within the judicial branch.
• The Office will be supervised and directed by the State Public Defender, whose records are subject to the Freedom of Information Act.
2. Appointment and Duties of the State Public Defender:
• The initial State Public Defender will be appointed by the Supreme Court for a two-year term.
• Subsequent State Public Defenders will serve six-year terms, appointed by the State Public Defender Commission.
• The State Public Defender’s responsibilities include providing legal representation to individuals unable to afford counsel, adopting rules for the Office’s organization, and establishing training programs for employees.
3. Creation of the State Public Defender Commission:
• The bill establishes an 11-member State Public Defender Commission as an independent body within the judicial branch.
• Commission members are appointed by various state officials and organizations, including the Governor and the Supreme Court.
• The Commission’s duties encompass appointing the State Public Defender, approving operational budgets, and publishing standards for trial-level public defense.
4. Modifications to County Public Defender Offices:
• Counties within the same judicial circuit may, by joint resolution, create a common Office of Public Defender or allow representation by a public defender from a collaborating county.
• Upon a vacancy in the position of Chief County Public Defender, the State Public Defender nominates, and the State Public Defender Commission appoints, a qualified individual using a developed selection process.
• Public defenders may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission.
5. Funding and Support:
• The State Public Defender may provide county public defenders with assistance, including attorneys, expert witnesses, investigators, administrative staff, and social service staff.
• The bill establishes the Public Defender Fund to supplement county public defender office budgets, aiming to aid in providing effective assistance of counsel.
In summary, HB 3363 seeks to centralize and standardize public defense services across Illinois by establishing the Office of the State Public Defender and the State Public Defender Commission. The legislation outlines the structure, appointment processes, and duties of these entities, aiming to enhance the quality and consistency of legal representation for individuals unable to afford counsel throughout the state.