SPRINGFIELD — To ensure equal justice for all, State Senator Robert Peters advanced legislation that would create the Office of the State Public Defender, an independent office under the state’s Judicial Branch – marking one of the most substantial reforms of Illinois’ public defense system since 1949.

“Every Illinoisan deserves a strong defense, no matter their income,” said Peters (D-Chicago). “Instating this new system would ensure real help reaches people who have been left behind in conversations about criminal justice reform for far too long.”

A state public defender is a government-employed lawyer who provides legal representation to individuals accused or convicted of crimes who cannot afford to hire their own attorney. Public defender offices are one of three methods through which states and localities ensure defendants are granted the Sixth and 14^th Amendments right to counsel.

Currently, in all Illinois counties except Cook, judges can hire and fire chief public defenders at will. This goes against the national standard set by the American Bar Association, which calls for public defenders to be independent. Only one other state – Mississippi – still does this, highlighting the need for an updated system in Illinois.

Peters’ measure would create the State Public Defender Act – establishing the Office of the State Public Defender under the courts, setting the rules for the public defender’s powers, pay and how they are appointed, and forming a commission to oversee the office and identify its operational costs and funding requirements. At the local level, county offices would mirror this structure to strengthen local defense across the state.

“For years, our local public defenders have been doing more with less – handling impossible caseloads and fighting uphill battles,” said Peters. “This bill gives public defenders the tools to do the job right and truly stand up for their client.”

House Bill 3363 passed the Senate Saturday.