FAIR Act would help ensure justice for all

Under the Sixth Amendment of the United States Constitution, all accused indigent people are guaranteed the right to effective legal representation in a court of law. Unfortunately, that is not happening in Illinois.

Illinois has not significantly updated its public defense structure since 1949. The result is that Illinois is an outlier in the United States and is one of only five states with no statewide body to ensure that those who cannot afford an attorney receive effective representation.

Some of Illinois’ 102 counties have no public defenders at all. About 60% of Illinois counties have no government office of public defense and instead contract with private attorneys, often on a part-time basis. The result of lack of effective legal representation can lead to unnecessary jail admissions or prison sentences. which then destroys individuals, families and communities.

The FAIR Act, Funded Advocacy & Independent Representation (HB3363), is currently in the Illinois Senate. Under the FAIR Act, an Independent State Public Defender Commission and a State Public Defender position will be created. This commission will provide resources to county public defender offices, establish training programs, and advocate for court system funding. The commission will determine metrics regarding public defender offices, caseloads, staffing, and resources. It will additionally be able to offer resources to under-resourced counties in Illinois.

Passing the FAIR Act will put into law the necessary structural changes that Illinois residents need in order to obtain fair and effective public defense representation. The passage of the FAIR Act will modernize the public defense system and offer the constitutional protection to all people the vigorous defense we all should expect.

When I was a child, my father believed, and stated, that we only get the justice we can afford. That needs to change in Illinois now.

Laura Davis

Inverness