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 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 Illinois state government.
A review of the witness slips shows the Illinois Public Defender Association and several county public defender offices supportive of the bill (DuPage County, Jackson County, Grundy County, Johnson County, Kankakee County, Cook County, Lake County, Boone County, Christian County, Macon County and Kane County). There are also a few county public defender offices opposing the legislation (Madison County, Piatt County, Rock Island County, Massac County, Monroe County, Lee County, Jersey County and Douglas County).
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.
Establishment of Public Defender Offices
1. Public Defender Offices in Counties Over 35,000
Current Law: In counties with 35,000 or more inhabitants, an Office of Public Defender must be established.
The person appointed is called the Chief County Public Defender and must be a licensed attorney in Illinois.
No discretion is provided to counties above the population threshold.
2. Public Defender Offices in Counties Under 35,000
Current Law: Counties with fewer than 35,000 residents may (not shall) create a Public Defender office via county board resolution.
The appointed individual must be an Illinois-licensed attorney.
This section remains largely unchanged, preserving local discretion for small-population counties.
3. Joint Public Defender Offices Across Counties
Current Law: Two or more adjoining counties in the same judicial circuit may:
• Create a shared Public Defender Office, or
• Allow representation across county lines by the public defender of one county.
The individual must be a licensed attorney in Illinois.
4. Appointment Process in Counties With Under One Million Residents
This is where significant changes are introduced under HB 3363.
Current Law:
In counties under one million in population:
• Judges of the Circuit Court appoint the Public Defender.
• Appointees serve at the pleasure of the appointing judges.
• Any vacancy is filled the same way.
Changes Under HB 3363:
• The one million population threshold is removed.
When a vacancy occurs:
• The State Public Defender nominates a candidate.
• The State Public Defender Commission appoints the Chief County Public Defender.
• The process must follow a standardized application and selection process under Section 35 of the proposed State Public Defender Act.
This shifts appointment power from local judges to the new state-level public defense system, signaling a move toward statewide oversight and standardization.
Implications of the Proposed Changes
Centralization of Oversight
• Appointment and vetting of Chief Public Defenders in most counties would be handled by the State Public Defender and Commission, not local judges.
• This is intended to standardize qualifications and accountability statewide.
Preservation of Local Options for Small and Rural Counties
• Counties under 35,000 people retain discretion to opt into having a public defender office.
• Counties in the same judicial circuit can collaborate on defense services — helpful for rural areas with fewer resources.
Local Judicial Authority is Reduced
• Judges in counties with fewer than one million residents would no longer control public defender appointments once the system transitions under state oversight.
• This may raise concerns about local autonomy, particularly in circuits with established defender practices.
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.
Conclusion
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 improve equity, effectiveness, and accountability in the public defense system — but they also shift power from local courts to the state.
House Amendment 1
House Floor Amendment 1 to HB 3363 makes substantial revisions to the original bill by expanding the responsibilities of the State Public Defender and the State Public Defender Commission, clarifying the selection process for Chief County Public Defenders, and strengthening data collection and performance accountability measures.
Key Additions and Modifications Made by HFA 0001:
1. Technology Access for Local Offices
• The amendment authorizes the State Public Defender to ensure public defender offices have access to:
• A digital discovery storage management system
• Case management software
• Legal research subscriptions
• This is to be done with attention to compatibility with county and state-based systems, promoting integration rather than disruption.
2. Collaboration and Funding Advocacy
• New language requires the State Public Defender to collaborate with court stakeholders and advocate for adequate funding of the court system — signaling a leadership role in resource development.
3. Workforce Survey Requirement
• Within the first year of the State Public Defender’s term, they must initiate a survey to determine:
• The number of employees and contractors providing public defense services
• The types and volume of matters being handled statewide
• This emphasizes data-driven decision making and planning.
4. Changes to Chief County Public Defender Selection
• The amendment modifies the process for appointing Chief County Public Defenders, potentially to standardize qualifications or increase coordination with the State system (specifics depend on full bill text).
5. Expanded Duties for the Commission and State Public Defender
• Additional statutory responsibilities are added to both the State Public Defender and the Commission to reflect a broader oversight and support role.
6. Performance Metrics and Compliance Monitoring
Amends the Illinois Criminal Justice Information Act to direct the Commission to:
• Develop and implement performance metrics
• Assess indigent defense services using:
• National standards and benchmarks
• The Commission’s own performance expectations
• Ensure compliance with the Sixth Amendment (right to counsel)
7. Conforming Amendments and Immediate Effective Date
• Makes corresponding changes in other Acts to align with the new structure and responsibilities.
• Adds an immediate effective date, which expedites implementation.
Summary of Impact Compared to Introduced Version:
The introduced version of HB 3363 proposed structural changes to the public defense system, primarily by establishing the State Public Defender Office and Commission. Amendment 1 builds on that framework by:
• Enhancing technological and administrative support for local public defender offices.
• Clarifying and formalizing oversight responsibilities for data, funding advocacy, and standards enforcement.
• Emphasizing constitutional compliance and performance monitoring through measurable benchmarks.
• Accelerating implementation through an immediate effective date.