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Public defender warns statewide FAIR Act could reshape county system; requests salary and staffing increases

July 07, 2025 | Iroquois County, Illinois


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Public defender warns statewide FAIR Act could reshape county system; requests salary and staffing increases
A county public defender (presenting at the June 24 finance hearing) told the Finance Committee that a newly passed state measure referred to in the meeting as the "FAIR Act" could significantly change how public defense is structured and funded in Illinois and urged the county to consider local salary and staffing proposals while awaiting clarity on state implementation.

The public defender described the office's current model: a mix of part-time and grant-funded attorneys, supplemental grant money used to hire a fourth attorney for juvenile court, and a small in-county PD office with shared resources. He said the FAIR Act, which the presenter said had passed both houses and awaited the governor's signature, establishes an Office of State Public Defender and includes provisions that could standardize salaries for public defenders at approximately 95 percent of the county state's attorney salary. "It's gonna be 95% of the state's attorney's salary is. And I believe the state is going to either fund the differential or fund it in its entirety," the presenter said, adding that the law contains different rules depending on county population and that the effect on small counties (under 35,000 people) required clarification.

The public defender urged continued use of available state and federal grant funds that already support part of the office's staffing (including the public defender services grant he described as roughly $82,000 in recent years) and asked the county to consider a 20 percent raise request for himself and an assistant and cited the complexity and constitutional duties in high-profile felony and homicide cases the county currently faces.

He detailed how grant money has been used to add attorneys and fund investigators; he said the county's office provides the same level of work for public-defender clients as for privately represented clients, including thorough file review and expert follow-up when necessary. "They are entitled to the same defense that millionaires are entitled to in terms of constitutional protections," he said.

No committee action was taken; the public defender asked only that the board consider the proposed salary adjustments and monitor the state law's final text and implementation schedule before changing the office structure.

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Scribe from Workplace AI
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