Sangamon Sun

The implementation of the SAFE-T Act, which abolished cash bail in Illinois, is having significant effects on the state's public defender system. With the majority of counties in Illinois facing resource challenges, the impact of this controversial law is becoming more apparent.

Under current law, only counties with 35,000 or more residents are required to have offices of public defenders, and even then, they are not required to be full-time. As a result, more than half of Illinois' counties do not have full-time public defenders. This disparity in resources has been further exacerbated by the recent order from the Illinois Supreme Court, allowing for remote pretrial hearings for six months. Without the ability to utilize technology for these hearings, many small counties would struggle to meet the Pretrial Fairness Act's requirement that arrestees appear before a judge within 48 hours.

The shortage of public defenders in Illinois is not a new issue. In St. Clair County, for example, the public defender's office has been stretched thin for years. In 2022, each full-time attorney in the office was handling over 350 cases, more than double the recommended guideline set by the American Bar Association. While caseloads have been temporarily reduced, they are expected to climb again as in-custody defendants can now petition to be released under the Pretrial Fairness Act.

The end of cash bail has been described as a "massive revolutionary change in our law" by the St. Clair County Public Defender's Office. This new law places additional demands on public defenders, requiring them to respond more quickly and necessitating the hiring of more staff to keep up with the workload.

Although funding for additional public defenders was allocated as part of the Pretrial Fairness Act, it has fallen short of expectations in some counties. Outside of Cook County, each of the state's 101 counties is receiving between $77,000 and $147,555 to bolster their public defender staffing. However, with many county offices already operating at maximum capacity and in need of additional resources, it is uncertain how effectively these staffing issues will be addressed moving forward.

The passage of the SAFE-T Act was championed by Democrats, but concerns are now being raised about its unintended consequences. Representative Coffey expressed his reservations, stating, "This law has been flawed since it was introduced, and now we are starting to see the impact it is having on several counties across Illinois. The strain this law is causing to our police departments and courts is a direct result of quickly passing a law during the night in a lame duck session."

As the public defender shortage in Illinois continues to worsen, it is evident that more needs to be done to address the resource challenges faced by counties across the state. The SAFE-T Act may have been intended to bring about positive changes, but without adequate funding and support, its implementation is placing significant strain on the criminal justice system in Illinois.

For additional details, please follow this link: https://repcoffey.com/2023/10/23/safe-t-act-exacerbates-public-defender-shortage-in-illinois/