§ 3-4004

Illinois § 3-4004

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 55: COUNTIES
• Act 55 ILCS 5/: Counties Code.
• Art.: Article 3 - Officers And Employees

Text

(Text of Section before amendment by P.A. 104-300 ) 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.) (Text of Section after amendment by P.A. 104-300 ) Sec. 3-4004. Appointment of Chief County Public Defender in counties under 3,000,000. When a vacancy occurs in the position of Chief County Public Defender in a county with a population under 3,000,000, the Chief Judge of the Circuit Court in which the county is located, or counties if the Chief Public Defender serves in 2 or more counties, shall notify the State Public Defender. The State Public Defender shall convene and co-chair a Local Nominating Committee composed of between 4 and 6 members. The second co-chair of the committee shall be the Chief Judge or a Circuit Judge serving as their designee. The State Public Defender and the Circuit Judges shall each appoint one-half of the other committee members, who shall be familiar with the practice of public defense in the relevant county and judicial circuit, including criminal defense or representation of clients under the Juvenile Court Act of 1987, or both. Membership shall be diverse, include a variety of public defense stakeholders, and be free from interests that would pose a conflict with the effective operation of the public defender office. Members may include, but are not limited to, representatives from legal professional associations, law schools, the public defense community, the private defense bar, the judiciary, county government, community organizations, and former public defender clients and their family members. No person shall be appointed to the Committee who, within the 2 years prior to appointment, has received compensation to be a prosecutor or law enforcement official, or who has served as an employee of such a person. The Local Nominating Committee shall recommend one or more candidates to the State Public Defender Commission, whose members shall then appoint a properly qualified Chief County Public Defender from the candidate or candidates submitted. Whenever a vacancy occurs in the office, it shall be filled in the same manner, and the person appointed to fill the vacancy shall begin a new 10-year term.

Legislative History

(Source: P.A. 104-300, eff. 1-1-27.)