101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4003

 

Introduced 1/8/2020, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-4004  from Ch. 34, par. 3-4004
55 ILCS 5/3-4004.2  from Ch. 34, par. 3-4004.2
55 ILCS 5/3-4010.1  from Ch. 34, par. 3-4010.1
55 ILCS 5/3-4013 new
55 ILCS 5/3-4000.1 rep.
55 ILCS 5/3-4004.1 rep.

    Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that in counties with a population over 1,000,000, judges of the Circuit Court of the circuit in which the county is located shall appoint the Public Defender and have the ability to remove the Public Defender (rather than the board of county commissioners appointing and removing the Public Defender). Makes conforming changes. Limits home rule powers.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4003LRB101 15454 AWJ 64787 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 3-4004, 3-4004.2, and 3-4010.1 and adding Section
63-4013 as follows:
 
7    (55 ILCS 5/3-4004)  (from Ch. 34, par. 3-4004)
8    Sec. 3-4004. Appointment of Public Defender in counties
9under 1,000,000. Upon the expiration of a term of office of a
10Public Defender after the effective date of this amendatory Act
11of the 101st General Assembly As soon as may be after this
12Division becomes applicable to a county with a population under
131,000,000, the judges of the Circuit Court of the circuit in
14which the county is located shall, by a majority vote of the
15entire number of those judges, appoint to the office of Public
16Defender a properly qualified person, who shall hold office,
17his death or resignation not intervening, at the pleasure of
18the judges competent to appoint. Whenever a vacancy occurs in
19the office it shall be filled in the same manner, and the
20person appointed to fill the vacancy shall have the same tenure
21of office.
22(Source: P.A. 86-962; 87-111.)
 

 

 

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1    (55 ILCS 5/3-4004.2)  (from Ch. 34, par. 3-4004.2)
2    Sec. 3-4004.2. Qualifications of Public Defender and terms
3of employment in counties over 1,000,000. In counties with a
4population over 1,000,000, the following qualifications and
5terms of employment shall apply:
6    (a) The judges president shall select as Public Defender
7only a person with the following qualifications: an attorney
8whose practice of law has clearly demonstrated experience in
9the representation of persons accused of crime; who has been
10licensed to practice law in this State or in another state for
11at least 5 years; who has had administrative experience; and
12who is dedicated to the goals of providing high quality
13representation for eligible persons and to improving the
14quality of defense services generally.
15    (b) The Public Defender shall devote full time to the
16duties of the public defender system and shall not otherwise
17engage in the practice of law.
18    (c) The Public Defender, once approved by the judges, Board
19shall serve for 6 years and may be removed by the judges
20President only for good cause or dereliction of duty after
21notice and a hearing before the Board. The effective date of
22this amendatory Act of 1991 shall be deemed the commencement of
23the term of the current public defender.
24    (d) The Public Defender's compensation shall be set at a
25level that is commensurate with his qualifications and
26experience and professionally appropriate with the

 

 

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1responsibility of the position. The Public Defender's
2compensation shall be comparable with that paid to circuit
3court judges, but in no event shall be more than that of the
4State's Attorney of the county.
5(Source: P.A. 87-111.)
 
6    (55 ILCS 5/3-4010.1)  (from Ch. 34, par. 3-4010.1)
7    Sec. 3-4010.1. Records; reports in counties over
81,000,000. The public defender in counties with a population
9over 1,000,000 shall keep a record of the services rendered by
10him and prepare and file quarterly with the president of the
11county board of commissioners a written report of those
12services.
13(Source: P.A. 87-111.)
 
14    (55 ILCS 5/3-4013 new)
15    Sec. 3-4013. Home rule. The selection and removal of Public
16Defenders are exclusive powers and functions of the State. A
17home rule county may not select or remove Public Defenders.
18This Section is a denial and limitation of home rule powers and
19functions under subsection (h) of Section 6 of Article VII of
20the Illinois Constitution.
 
21    (55 ILCS 5/3-4000.1 rep.)
22    (55 ILCS 5/3-4004.1 rep.)
23    Section 10. The Counties Code is amended by repealing

 

 

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1Sections 3-4000.1 and 3-4004.1.