§ 35

(This Section may contain text from a Public Act with a delayed effective date ) Sec. 35. Office of State Public Defender organization. (a) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a Public Defender Advisory Board, composed of attorneys providing public defense services in this State, including one or more public defenders from each Appellate Court District, which shall meet regularly to advise the Office of the State Public Defender regarding legal practice issues and resource needs around the State and establishing workload, staffing, and salary standards for the provision of public defense throughout the State. (b) Within the first 2 years of the initial State Public Defender's term, the State Public Defender shall collaborate with the Public Defender Advisory Board to determine which judicial circuits or geographic regions require State public defenders, how many public defenders and staff are required to supplement existing county public defenders, staff, and appointed counsel in order for the State of Illinois to comply with its legal obligations, and what process should be used for guiding and tracking recommendations to judges regarding case assignments to State and county public defenders. Within the first year of the initial State Public Defender's term, the State Public Defender shall initiate a survey to determine the number of employees and contractors providing public defense services in the State and the types and numbers of matters they are handling. (c) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a Client Community Advisory Board, composed of former clients and impacted community members, which shall meet regularly to advise the Office of the State Public Defender regarding client legal issues and needs around the State. (d) Within the first year of the initial State Public Defender's term, the State Public Defender shall collaborate with the Public Defender Advisory Board to devise an application process for whenever there is an open Chief County Public Defender position, including standards for job descriptions and application requirements, and a process for promotion of vacancies designed to recruit diverse, qualified candidates. Within the first 2 years of the initial State Public Defender's term, the State Public Defender shall collaborate with the Public Defender Advisory Board to devise standards for retention and reappointment of Chief County Public Defenders as well as a process for investigations and hearings for removal of Chief County Public Defenders, including immediate suspension when warranted. In the event a Chief County Public Defender must be immediately removed or becomes unable to serve in their position, the State Public Defender is authorized to appoint an Acting Chief County Public Defender. (e) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a working group to assess the availability of public defender representation and adequacy of resources in proceedings under Article II of the Juvenile Court Act of 1987. The working group members shall include current public defenders, non-public defenders that provide legal representation to parents or respondents, or both, a representative of the Department of Children and Family Services with expertise in funding under Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c), and nonprofit advocates with expertise in parent legal representation. The working group shall meet regularly to advise the Office of the State Public Defender regarding client legal issues and needs around the State. The working group shall deliver its first report and recommendations no later than 12 months after the appointment of the initial State Public Defender. (f) Immediately upon being appointed, the initial State Public Defender shall establish a procedure for distributions from the Public Defender Fund described under Section 3-4014 of the Counties Code. (1) The purpose of the Public Defender Fund is to supplement, not supplant, county public defense budgets and to aid county public defenders in providing effective assistance of counsel to their clients. (2) State support, funding, and services provided to any county public defender office shall neither affect nor be offset by any reduction in existing or projected public defender office budgets from any other source. (3) Appropriate uses of funds include, but are not limited to: (A) hiring investigators, social workers, or mental health clinicians; (B) increasing compensation for attorney and non-attorney employees; (C) funding expert witnesses, trial technology, investigation expenses, and any other case-related needs; and (D) training attorney and non-attorney employees. (4) Requests by counties for financial support from the Public Defender Fund shall originate solely from the Chief County Public Defender of any jurisdiction and shall be submitted directly to the Office of the State Public Defender. Financial support shall be paid to the county in which the requesting chief public defender practices, and the county treasurer shall cause that entire amount to be placed in the operating budget of the public defender for immediate use. (5) County public defender offices shall provide the Office of State Public Defender with a report including a detailed accounting of the provided funds and an evaluation of the impact of the provided funds within a reasonable time frame established by the Office of State Public Defender. (g) Following the planning phase described in subsections (a) through (f), the State Public Defender may establish regional offices. The State Public Defender may appoint a deputy public defender for each regional office who shall serve as the administrator of that office. Each deputy public defender must be an attorney licensed to practice law in this State. Deputy public defenders shall serve at the pleasure of the State Public Defender. (h) The Office of the State Public Defender may hire and train new State-employed personnel to carry out the Office's duties under this Act, including, but not limited to, attorneys licensed to practice law in this State, and administrative, investigative, and social services employees. Nothing in this Act shall be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement or representation rights under the Illinois Public Labor Relations Act, if applicable. (i) Deputy public defenders may employ, with the approval of the State Public Defender, assistant public defenders, investigators, social services staff, administrative staff, and other employees under their direct supervision, as described in subsection (h). (j) Attorneys employed by the Office of the State Public Defender shall devote full time to their duties, except as provided in Section 50, and may not engage in the private practice of law.

Legislative History

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