§ 40

(This Section may contain text from a Public Act with a delayed effective date ) Sec. 40. State Public Defender Commission. (a) The State Public Defender Commission is created as an independent body within the judicial branch. The Commission shall be composed of 11 members, appointed as follows: (1) two members appointed by the Governor; (2) three members appointed by the Supreme Court; (3) one member appointed by the Speaker of the House of Representatives; (4) one member appointed by the Minority Leader of the House of Representatives; (5) one member appointed by the President of the Senate; (6) one member appointed by the Minority Leader of the Senate; (7) one member appointed by the Governor representing community-based organizations that support the success of people impacted by the criminal or juvenile delinquency and dependency legal systems; and (8) one member appointed by the Governor representing organizations advocating for civil rights or criminal or juvenile delinquency or dependency legal system reform. All appointments shall be filed with the Secretary of State by the appointing authority within 3 months of the effective date of this Act and within 3 months of any subsequent vacancy. The terms of the original members shall be as follows: 5 members shall be appointed to 2-year terms and until a successor is appointed and qualified and 6 members shall be appointed to 4-year terms and until a successor is appointed and qualified. Thereafter, all members shall be appointed to 4-year terms and until a successor is appointed and qualified. The chairperson, at the first meeting of the Commission, shall conduct a drawing by lot to determine whether each original member shall be appointed to a 2-year or 4-year term. (b) Persons appointed to the Commission shall have significant experience in the defense of indigent clients in criminal or juvenile proceedings or shall have demonstrated a strong commitment to quality representation in indigent defense matters. No person shall be appointed to the Commission who, within the 2 years prior to appointment, has received compensation to be a judge, elected official, judicial officer, prosecutor, or law enforcement official, or who has served as an employee of such a person. (c) No member may serve more than 2 full 4-year terms. Vacancies in the membership of the Commission are to be filled in the same manner as original appointments. A vacancy shall be declared upon any member missing 3 or more meetings in a row unless the chairperson finds there was good cause for the absences. Appointments to fill vacancies occurring before the expiration of a term are for the remainder of the unexpired term. (d) Members of the Commission shall elect from the membership of the Commission a chairperson, vice-chairperson, and secretary. No officer may serve more than one full 4-year term as an officer. The Commission shall meet quarterly. The chairperson shall determine the time and place of meetings. Additional meetings may be held upon petition to the chairperson by 7 or more members of the Commission or upon the call of the chairperson after 7 days written notice to the members. (e) The first act of the Commission shall be to identify the operational costs and funding sources for establishing the Office of the State Public Defender. (f) The Commission shall approve the Office of State Public Defender distribution of the Public Defender Fund under Section 3-4014 of the Counties Code. (g) Members of the Commission may receive a stipend upon demonstrated need, based on a decision of the chairperson. Members of the Commission shall receive reimbursement for actual expenses incurred in the performance of the member's duties. (h) Six members of the Commission constitute a quorum. (i) Records and proceedings of the Commission shall be subject to the Open Meetings Act and Freedom of Information Act.

Legislative History

(Source: P.A. 104-300, eff. 7-1-26.)