FAIR Act | Illinois Office of Statewide Pretrial Services

"Mere access to the courthouse does not by itself assure a proper functioning of the adversary process." U.S. Supreme Court Justice Thurgood Marshall

"Justice Marshall understood that a courthouse is not a sanctuary of equal justice simply by existing. It becomes one only when every participant within it has a genuine and equal opportunity to be heard." - Illinois Supreme Court Chief Justice P. Scott Neville, Jr.

The Illinois FAIR Act aims to improve the state's existing county-based system of public defense through the implementation of a statewide office and commission to support public defense attorneys in every corner of the state.

What is the FAIR Act?

"The General Assembly recognizes that zealous legal representation in criminal, juvenile delinquency, and dependency proceedings and related matters is a constitutional right of the people of the State of Illinois and that high-quality legal representation should be available regardless of a person's ability to pay. Therefore, it is the intent of the General Assembly to provide for an effective public defense system throughout the State and to encourage the active and substantial participation of the private bar in the representation of accused people." - Illinois FAIR Act, adopted August 2025

Implementation of the FAIR Act is intended to phase in over several years, starting with the appointment of a commission and State Public Defender focused on evaluating the landscape of indigent defense in Illinois and establishing pathways for support.

In the coming years, the FAIR Act may lead to the establishment of regional offices, appointment of deputy regional public defenders, the creation of workload, staffing and resource standards, data collection, direct representation and the provision of defense assistance to local jurisdictions.

Upcoming FAIR Act milestones include:

Creation of State Public Defender Commission (SPDC) on July 1, 2026, appointments by Oct. 1, 2026

Creation of the Office of State Public Defender (OSPD) on Jan. 1, 2027

Appointment of the first State Public Defender (SPD) by the Illinois Supreme Court by Jan. 1, 2027

Creating public defender & client advisory boards within the first year of the SPD's term

Latest FAIR Act Updates

Appointments will be made by the Illinois Supreme Court (3), Governor (4) & Legislature (4) to seat the Illinois State Public Defender Commission, per the FAIR Act
The Commission is expected to be empaneled by October 1, 2026
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FAIR Act Resources

Illinois FAIR Act

Planning Underway for Implementation of FAIR Act - AOIC Statement Feb 2026

6th Amendment Center Report - Illinois - 2021

Equal Justice Under the Law - Chief Justice Perspective - March 2026

The History of Indigent Defense

While the rights of criminal defendants are enshrined in the U.S. Constitution's Sixth Amendment, including "the assistance of counsel," such protections meant little for defendants unable to afford an attorney.
A century after the amendment's adoption, Clara Shortridge Foltz is credited as founding the public defender movement as underscored in her speech at the 1893 World's Columbian Exposition in Chicago: "Every man brought to trial in a criminal court being presumed to be innocent, is entitled to be treated as an innocent man, and becomes of necessity the special object of the court’s care."
Foltz, the first female attorney in California, pushed legislation to incorporate public defenders nationwide, with the first opening in Los Angeles in 1914.
In Illinois, the first Public Defender Office opened in Cook County in 1930.
In 1949, Illinois lawmakers established the state's first formalized system for court-appointed attorneys in criminal cases.
In 1963 a unanimous U.S. Supreme Court decision, Gideon v Wainwright 372 U.S. 335, established that indigent criminal defendants have a constitutional right to a court-appointed attorney.

Despite two centuries of progress toward ensuring defendants have access to an adequate defense, recent reviews of Illinois' 1949 county-funded based system highlighted shortfalls.

"Significant variations in resources, staffing, professional support, and access to expert services across jurisdictions has produced a system in which the quality of indigent representation is determined more by county fiscal capacity than by constitutional obligation," said Illinois Chief Justice P. Scott Neville, Jr. "That outcome is irreconcilable with the Equal Protection guarantees of the federal and Illinois constitutions, and the current structure has reached the limits of what it can deliver within the boundaries of constitutional compliance."

In 2018, the Illinois Supreme Court sought and received a grant award from the federally-funded Sixth Amendment Center to closely examine public defense in selected Illinois counties. The Center issued its report in 2021 called “The Right to Counsel in Illinois: Evaluation of Adult Criminal Trial-Level Indigent Defense Services.”

In response to the Sixth Amendment report, the Court created the Illinois Judicial Conference (IJC) Criminal Indigent Defense Task Force (Task Force) which was tasked with developing recommendations in follow up to the report recommendations.

The Task Force recommended the full state funding of trial-level public defense, establishing a statewide office for public defense and implementing a rigorous strategy within the office to recruit attorneys.

After earlier efforts to effectuate statewide public defense services stalled in the legislature, the FAIR Act was signed into law in August 2025.

For questions regarding the implementation of the FAIR Act please contact Administrator Kahalah Clay at kclay@ilosps.gov.

OSPS was designated by the Illinois Supreme Court as the incubating agency for the creation of OSPD, providing temporary operational and administrative infrastructure. This Webpage is a temporary site for the dissemination of information regarding the implementation of the Illinois FAIR Act.

What is the FAIR Act?

The FAIR Act was signed into law in 2025. The law creates a statewide office (the Office of the State Public Defender (OSPD)) and a commission for public defense to ensure that the constitutional right to counsel in criminal cases is provided to all people in Illinois in a just and equitable manner. An initial State Public Defender (SPD) will be appointed in January 2027. The law contemplates a two-year planning period, from January 2027 through the end of 2029.

What will the State Public Defender be responsible for?

During the two-year planning period (2027-2029), the initial State Public Defender will develop the infrastructure and foundational policies and procedures for their office. The initial SPD must immediately establish a procedure for distributions from the Public Defender Fund. Within their first year, the SPD must devise an application process for open Chief County PD positions; and initiate a survey to determine the number of people providing public defense services in the state and the types and numbers of matters they are handling. In addition, the SPD must establish a Public Defender Advisory Board, a Client Community Advisory Board, and a Juvenile Court Workgroup. Within the first two years, the SPD must determine judicial district public defender needs and a case assignment framework; as well as develop Chief County Public Defender retention and removal standards.

What will the OSPD do after the initial planning period?

Starting in January 2029, the OSPD is required to establish a statewide recruitment and retention plan, establish training programs, maintain a public-facing website, and report to the General Assembly. Tasks that are permissible, but not mandatory, include providing direct representation, assisting county PDs with staffing, maintaining a panel of private attorney available to serve as counsel, providing funding to county PDs, ensuring access to relevant technology, and advocating on behalf of public defense interests.

Is the Office of the State Public Defender (OSPD) currently operating?

Not yet. The initial State Public Defender will be appointed in January 2027.

What is the State Public Defender Commission responsible for?

The newly created State Public Defender Commission, which will oversee the OSPD, will be appointed in July 2026. Its scope is broad and includes appointing the first full-term State Public Defender in January 2029. The Commission will also appoint county-level Chief Public Defenders, as openings occur, starting in 2027. The Commission’s immediate duties are to identify operational costs and funding sources to establish the OSPD and to approve the distribution process for the Public Defender Fund. The Commission is also responsible for implementing a system of public defense performance metrics.

Who will serve on the Commission?

The 11 Commission members will be appointed by the Governor, the Supreme Court, and leaders from the House and Senate. The appointees must have significant experience in the defense of indigent clients or a demonstrated commitment to quality representation in indigent defense matters.

Can local courts appoint the State Public Defender to local criminal cases?

Not yet. While providing direct representation for clients is contemplated in the law, this is not an immediate duty of the OSPD. In fact, during the planning period, the initial SPD must develop a case assignment framework, to help judges decide when appointing the SPD might be appropriate.

How will new county-level Chief Public Defenders be appointed under the FAIR Act?

This process is laid out in some detail in the FAIR Act and ensures the independence of the position. Starting on January 1, 2027, when a vacancy in the role of county Chief Public Defender occurs, the Chief Judge of that locality must notify the State Public Defender. The SPD must then convene and co-chair with the Chief Judge a 4 to 6-member Local Nominating Committee. The local committee recommends candidates to the Commission, and the Commission makes the final decision and appoints the Chief County PD, who will serve a 10-year term.

Who can serve on the Local Nominating Committee?

Half of the members of the Local Nominating Committee will be appointed by the SPD, and the other half will be appointed by the Chief Judge. The members must be familiar with public defense practices in the relevant county and judicial circuit. The members must not pose a conflict with the local public defender’s office and must broadly represent public defense stakeholders (which may include representatives of legal associations, law schools, the public defense community, the private defense bar, former public defender clients, and others). Excluded from possible committee members are people who were compensated as prosecutors or law enforcement officials and their employees within the previous two years.

Will the state now be assuming the costs of local public defense? Will county boards be able to reduce or eliminate the local county public defender budgets?

No, absolutely not. Any funding that goes from the SPD to local county PDs, including funds from the Public Defender Fund, must “supplement, not supplant” county public defense budgets. Local county PDs will be relying on county boards to continue funding their offices.

Has the General Assembly allocated funding to the new OSPD?

For the time being, the new OSPD is being housed within the Office of State Pretrial Services (OSPS). With support from the Illinois Supreme Court, the OSPS is including a $1.3 million line item in its 2026-2027 budget request, which will serve as initial funding to OSPD to support the hiring of initial staff and other resources.