Illinois Legislature Passes Bill Creating Statewide Office of Public Defense

After more than a year of organizing, the Funded Advocacy and Independent Representation (FAIR) Act has passed the state legislature and is heading to the Governor’s desk! This legislation addresses the serious civil rights crisis caused by the state’s underfunding of public defense, leaving people who have been accused of crimes (especially rural, Black, and Brown folks) without quality legal defense. This is the first time Illinois has updated its public defense structure since 1949, 14 years before the Supreme Court recognized the constitutional right to a court-appointed attorney. The state budget also passed with continued funding for the Pretrial Success Grant Program, which was created in 2024 with the passage of the Pretrial Success Act. This grant program will expand access to mental health and substance use care, transportation, and child care for people awaiting trial, addressing the underlying challenges that lead to involvement with law enforcement, and helping them meet their court requirements.