Crime & Traffic

Illinois recently passed the State Public Defender Act (IL HB3363), also known as the FAIR Act. This law makes big changes to how public defenders are organized and supported in Illinois. A public defender is a lawyer you can get for free if you are charged with a crime and cannot afford to hire a private lawyer on your own. Learn more about public defense in Illinois. 

Some parts of the law take effect on July 1, 2026, and others take effect on January 1, 2027. The statewide system will be phased in over time, and improvements will not happen all at once. You should continue to use the same steps for getting a lawyer until you hear Listen to and judge a case otherwise.

This article explains what the new law does, what stays the same, what will be different, and how it may affect you or someone you care about.

Your basic rights in criminal cases

The new law does not change your core rights in a criminal case. 

You still have the right to:

• Remain silent when you are questioned by the police.
• Ask for a lawyer as soon as you are arrested or taken into custody.
• Have a lawyer appointed to you if you face possible jail time and cannot afford one.
• Have your lawyer’s help during questioning, hearings, and court dates.

These rights continue to apply in all criminal cases, including traffic cases where jail is a possible penalty.

Remember, civil legal problems are not covered by public defenders. This includes:

• Eviction A court case brought by a landlord to get a tenant to move out
• Child support Money paid by a parent to help another parent support a minor child or an adult child with a disability
• Divorce
• Immigration matters
• Public benefits issues 

What is changing under the new law

Right now, most public defender offices in Illinois are run by counties. That means the quality, resources, and availability of a public defender can vary depending on where you live.

The new law creates a State Public Defender Office to support public defense across Illinois. This is a major change. 

When the law takes full effect:

• Courts may assign a lawyer from the State Public Defender Office to represent you if you qualify.
• The State Office will work with county public defender offices and help support them.
• People in small or under-resourced counties may get better access to a lawyer than before.

In addition to these changes, the Public Defender Act updates how each county’s Chief Public Defender is chosen. Right now, judges appoint the head of each public defender’s office. Under the new law, the State Public Defender will form a nominating committee of 4 to 6 people with different backgrounds and experience in criminal defense. This committee will recommend candidates for the position instead of judges making the decision on their own.

The goal is to make public defense more fair and consistent across Illinois, reduce conflicts of interest, and ensure that where you live has less impact on the legal help you receive.

How will this impact public defense representation in Illinois?

The law creates a Public Defender Fund. The State of Illinois will use this fund to help counties pay for public defense services. State support is meant to supplement, not replace, local funding. This should help counties hire more lawyers, investigators, and staff over time. 

The law also creates a State Public Defender Commission. This group will set standards that all public defenders must follow. These standards will cover:

• Workload limits
  • Public defenders should not have more cases than they can reasonably handle.
• Required support staff
  • Public defenders should have access to:
    • Investigators
    • Social workers or mitigation specialists
    • Administrative support
    • Experts, when needed
  • This helps ensure that your defense does not fall on one overworked lawyer alone.
• Training and resources
  • The statewide office will set training requirements so public defenders are prepared for the types of cases they handle. Standards will also cover office space, technology, and tools needed to prepare a defense.
• Confidentiality
  • The law protects public defender records from being released under the Freedom of Information Act (FOIA). Your case information and communication with your lawyer will remain private.
• Conflict-free representation
  • The new appointment and removal rules limit a judge’s ability to remove a Chief Public Defender just because they disagree about how a case is handled. This helps protect the independence of public defenders and reduces conflicts of interest.

How the law may affect you

If you are arrested, you should still: 

• Remain silent.
• Clearly say, “I want a lawyer.”
• Ask to call a trusted person. 

Under the new law, a public defender may be more available, especially in counties that previously had limited resources. 

If someone you know is arrested:

• Tell them to ask for a lawyer right away.
• Help them find out where they are being held.
• Contact a public defender’s office on their behalf.

Once the statewide system is fully in place, you may be able to reach out to the State Public Defender Office for help in addition to the county office.

If you have a criminal case

If you cannot afford a lawyer and you face possible jail time, you can still ask the judge to appoint a public defender. Under the new law, the defender who represents you may have more support, training, and staff.

If you miss a court date

Nothing in the new law changes the consequences of failing to appear. A warrant may still be issued, and you should take action right away. You can contact your county public defender’s office. A lawyer may be able to help you get a new court date or explain what will happen next.

If you are in traffic court

Your right to a public defender still depends on whether jail time is a possible penalty. The difference now is that public defenders may have more statewide support and resources to assist you.

What stays the same

The law does not:

• Expand the right to counsel Another name for a lawyer in civil cases.
• Guarantee a lawyer in cases where jail is not a potential sentence.
• Change your responsibilities in court, including appearing on time.
• Automatically eliminate case backlogs or staffing shortages in every county.

It also does not mean that every improvement will be immediate. Building a statewide system takes time.

What you can do now

You should:

• Always say, “I want a lawyer,” if you are arrested.
• Attend all court dates.
• Ask the judge for a public defender if you cannot afford a lawyer.
• Contact a public defender’s office (county or state, once established) if you have questions about representation.
• Use ILAO’s Get Legal Help tool if you need help with a civil matter.