Yeseterday, Governor JB Pritzker signed the FAIR (Funded Advocacy & Independent Representation) Act into law. Advocates and public defenders across Illinois are celebrating this meaningful and long overdue response to decades of substandard resources and funding in Illinois’ public defense system. The critical reform measure, once implemented, will ensure that Illinoisans who can’t afford an attorney still have access to robust and independent legal representation.

The FAIR Act is the first significant reform to the Illinois public defense system since 1949. It was approved by the General Assembly during the spring session as HB3363 and signed August 15th by Pritzker.

The law establishes the Office of the State Public Defender, led by a State Public Defender who will collect and publish data that will be used to create workload standards for public defenders and ensure they have adequate training and resources. The initial State Public Defender will be appointed by the Illinois Supreme Court for a two-year term, and subsequent state office leaders to be appointed by an independent Public Defender Commission. 

The FAIR Act also ensures independence for county public defenders working across Illinois by standardizing qualifications, creating a uniform selection process, and establishing set terms of service with removal only for cause. This ends the current practice in every county other than Cook, in which attorneys practice in front of the judges who hire them and can fire them at any time without cause—a system in violation of every professional standard for public defense. Under the FAIR Act, county public defenders will no longer face the inherent conflict of interest between their professional and ethical responsibilities to represent each client’s interests fully and vociferously and the necessity of maintaining their own employment.

Reform of Illinois’ trial-level public defense system comes after years of analysis. A 2021 report commissioned by the Illinois Supreme Court concluded that heavy caseloads and the lack of even basic resources had put the rights of public defender clients at extreme risk and eroded trust in the criminal justice system.

“I was very proud to have sponsored the FAIR Act. This necessary law will bring greater transparency and accountability to the court system while providing much needed resources to the Public Defenders, who are a vital part of protecting all of our constitutional rights,” said Rep. Dave Vella (68th District), the chief sponsor of the FAIR Act in the Illinois House and a former assistant public defender. “This will result in more public trust in the court system while also ensuring fairer outcomes.”

Research conducted by the Children and Family Justice Center at Northwestern’s Pritzker School of Law found there is not one county in the state with adequate access to attorneys, investigators, mental health experts, and office support staff for indigent clients. While every county has a full-time state’s attorney, in 60% of Illinois counties there is no full-time county public defender. In 83% of counties, there are no investigators to help prepare a defense. Prosecutors have more resources in every county in Illinois, leading to public defender workloads in Illinois that are more than four times higher than national standards.

With the governor’s signing, the FAIR Act now moves into a critical implementation stage. The Illinois General Assembly set a January 2027 full implementation date for the statewide office, with the Commission effective on July 1, 2026.

“The signing of this law is a historic step forward—marking the most significant reform to our state’s public defense system in almost 80 years,” said Sen. Robert Peters (13th District), the chief Senate sponsor. “I’ve worked on many criminal justice reforms for Illinoisans, and this is another crucial piece of that ongoing effort. The FAIR Act is about restoring balance, reducing disparities, and ensuring every resident’s right to counsel is more than just words on paper. As we move into the two-year implementation planning phase, we aren’t just changing laws, we’re building a fairer, stronger foundation for the future of our legal system.”

“The FAIR Act is about ensuring that every accused person in Illinois, regardless of where they live or what they can afford, receives a vigorous and constitutionally sound defense. Whether in Waukegan, Quincy, Shawneetown, or anywhere in between, every public defender client deserves equal justice under the law,” the Illinois Public Defender Association added. “We thank the General Assembly, the Illinois Supreme Court, and Governor Pritzker for their leadership and vision. We look forward to working alongside our partners across the justice system to implement the FAIR Act and build a stronger, fairer public defense system for all.”

More than 75 community, faith, policy, and service providing organizations across the state endorsed the FAIR Act, a clear acknowledgment of the widespread impact it will have across Illinois.
Patrice James, founding executive director of the Illinois Black Advocacy Initiative and a former public defender, also noted that the impact extends beyond criminal court rooms and into certain civil courts, where additional public defense resources will also be extended to support Illinois families. “The FAIR Act’s passage serves as a measure of hope that public defender offices in Illinois will get a much needed financial boost and the necessary independence to not only strengthen their legal representation but also enhance the quality of support that they provide to their clients,” said James. “Particularly exciting is the creation of a working group to study the opportunity that the new office creates to support public defenders representing parents who are fighting to regain custody of their children. If the promise of the FAIR Act is actualized, more families, and Black families in particular, will remain together and outside of carceral systems.”