Full Text of SB2532 101st General Assembly
SB2532 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2532 Introduced 1/28/2020, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-9008 | from Ch. 34, par. 3-9008 |
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Amends the Counties Code. Provides that payment for attorney's fees or litigation expenses shall be made from the funding source the county determines to be appropriate.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 3-9008 as follows:
| 6 | | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
| 7 | | Sec. 3-9008. Appointment of attorney to perform duties. | 8 | | (a) (Blank). | 9 | | (a-5) The court on its own motion, or an interested person | 10 | | in a cause or proceeding, civil or criminal, may file a | 11 | | petition alleging that the State's Attorney is sick, absent, or | 12 | | unable to fulfill his or her duties. The court shall consider | 13 | | the petition, any documents filed in response, and if | 14 | | necessary, grant a hearing to determine whether the State's | 15 | | Attorney is sick, absent, or otherwise unable to fulfill his or | 16 | | her duties. If the court finds that the State's Attorney is | 17 | | sick, absent, or otherwise unable to fulfill his or her duties, | 18 | | the court may appoint some competent attorney to prosecute or | 19 | | defend the cause or proceeding. | 20 | | (a-10) The court on its own motion, or an interested person | 21 | | in a cause or proceeding, civil or criminal, may file a | 22 | | petition alleging that the State's Attorney has an actual | 23 | | conflict of interest in the cause or proceeding. The court |
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| 1 | | shall consider the petition, any documents filed in response, | 2 | | and if necessary, grant a hearing to determine whether the | 3 | | State's Attorney has an actual conflict of interest in the | 4 | | cause or proceeding. If the court finds that the petitioner has | 5 | | proven by sufficient facts and evidence that the State's | 6 | | Attorney has an actual conflict of interest in a specific case, | 7 | | the court may appoint some competent attorney to prosecute or | 8 | | defend the cause or proceeding. | 9 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of | 10 | | this Section, the State's Attorney may file a petition to | 11 | | recuse himself or herself from a cause or proceeding for any | 12 | | other reason he or she deems appropriate and the court shall | 13 | | appoint a special prosecutor as provided in this Section. | 14 | | (a-20) Prior to appointing a private attorney under this | 15 | | Section, the court shall contact public agencies, including, | 16 | | but not limited to, the Office of Attorney General, Office of | 17 | | the State's Attorneys Appellate Prosecutor, or local State's | 18 | | Attorney's Offices throughout the State, to determine a public | 19 | | prosecutor's availability to serve as a special prosecutor at | 20 | | no cost to the county and shall appoint a public agency if they | 21 | | are able and willing to accept the appointment. An attorney so | 22 | | appointed shall have the same power and authority in relation | 23 | | to the cause or proceeding as the State's Attorney would have | 24 | | if present and attending to the cause or proceedings. | 25 | | (b) In case of a vacancy of more than one year
occurring in | 26 | | any county in the office of State's attorney, by death,
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| 1 | | resignation or otherwise, and it becomes necessary for the | 2 | | transaction
of the public business, that some competent | 3 | | attorney act as State's
attorney in and for such county during | 4 | | the period between the time of
the occurrence of such vacancy | 5 | | and the election and qualification of a
State's attorney, as | 6 | | provided by law, the vacancy shall be filled upon
the written | 7 | | request of a majority of the circuit judges of the circuit
in | 8 | | which is located the county where such vacancy exists, by | 9 | | appointment
as provided in The Election Code of some competent | 10 | | attorney to perform
and discharge all the duties of a State's | 11 | | attorney in the said county,
such appointment and all authority | 12 | | thereunder to cease upon the election
and qualification of a | 13 | | State's attorney, as provided by law. Any
attorney appointed | 14 | | for any reason under this Section shall
possess all the powers | 15 | | and discharge all the
duties of a regularly elected State's | 16 | | attorney under the laws of the
State to the extent necessary to | 17 | | fulfill the purpose of such
appointment, and shall be paid by | 18 | | the county he serves not to exceed in
any one period of 12 | 19 | | months, for the reasonable amount of time actually
expended in | 20 | | carrying out the purpose of such appointment, the same | 21 | | compensation
as provided by law for the State's attorney of the | 22 | | county, apportioned,
in the case of lesser amounts of | 23 | | compensation,
as to the time of service reasonably and actually | 24 | | expended. The county shall participate in all agreements on the | 25 | | rate of compensation of a special prosecutor.
| 26 | | (c) An order granting authority to a special prosecutor |
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| 1 | | must be construed strictly and narrowly by the court. The power | 2 | | and authority of a special prosecutor shall not be expanded | 3 | | without prior notice to the county. In the case of the proposed | 4 | | expansion of a special prosecutor's power and authority, a | 5 | | county may provide the court with information on the financial | 6 | | impact of an expansion on the county. Prior to the signing of | 7 | | an order requiring a county to pay for attorney's fees or | 8 | | litigation expenses, the county shall be provided with a | 9 | | detailed copy of the invoice describing the fees, and the | 10 | | invoice shall include all activities performed in relation to | 11 | | the case and the amount of time spent on each activity ; and | 12 | | payment for attorney's fees or litigation expenses shall be | 13 | | made from the funding source the county determines to be | 14 | | appropriate . | 15 | | (Source: P.A. 99-352, eff. 1-1-16 .)
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