(55 ILCS 5/5-1003) (from Ch. 34, par. 5-1003)
Sec. 5-1003.
Indemnity of public defender or assistant public
defender. If any injury to the person or property of another is
caused by a public defender or any assistant public defender, while the
public defender or assistant public defender is engaged in the performance
of his duties as such, the county shall indemnify the
public defender or assistant public defender, as the case may be, for any
judgment recovered against him as the result of that injury, except where
the injury results from the willful misconduct of the public defender or
assistant public defender, as the case may be. Any person who, at the
time of performing such an act complained of, was a public defender or
assistant public defender, who is made a party defendant to any such action
shall, within 10 days of service of process upon him, notify the county, of
the fact that the action has been instituted, and that he has been made a
party defendant to the action. The notice must be in writing, and be filed
in the office of the State's attorney and also in the office of the county
clerk, either by himself, his agent or attorney. The notice shall state in
substance, that the public defender or assistant public defender, as the
case may be, (naming him), has been served with process and made a party
defendant to an action wherein it is claimed that a person has suffered
injury to his person or property caused by that public defender or
assistant public defender stating the title and number of the case;
the court wherein the action is pending; and the date the public defender
or assistant public defender was served with process in the action, and
made a party defendant thereto. The county which is or may be liable to
indemnify the public defender or assistant public defender as the case may be,
may intervene in the suit against the public defender or assistant public
defender, as the case may be, and shall be permitted to appear and defend.
The duty of the county to indemnify any public defender or assistant
public defender for any judgment recovered against him is conditioned upon
receiving notice of the filing of any such action in the manner and form
herein described.
(Source: P.A. 86-962.)
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