Illinois Compiled Statutes
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55 ILCS 5/3-4006
(55 ILCS 5/3-4006)
(from Ch. 34, par. 3-4006)
Duties of public defender.
The Public Defender, as
directed by the court, shall act as attorney, without fee, before any court
within any county for all persons who are held in custody or who are
charged with the commission of any criminal offense, and who the court
finds are unable to employ counsel.
The Public Defender shall be the attorney, without fee, when so appointed
by the court under Section 1-20 of the Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of 1987 or by any court under Section 5(b) of the
Parental Notice of Abortion Act of 1983 for any party who the court finds
is financially unable to employ counsel.
In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent.
Every court shall, with the consent of the defendant and where the court
finds that the rights of the defendant would be prejudiced by the
appointment of the public defender, appoint counsel other than the public
defender, except as otherwise provided in Section 113-3 of the
"Code of Criminal Procedure of 1963". That counsel shall be compensated
as is provided by law. He shall also, in the case of the conviction of
any such person, prosecute any proceeding in review which in his
judgment the interests of justice require.
In counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.
(Source: P.A. 102-410, eff. 1-1-22