Resources & Research
The FAIR Act was built on years of research, analysis, and advocacy. The resources below offer additional context on the challenges facing Illinois' public defense system and the reforms advanced through the FAIR Act.
FAIR Act Fact Sheet
Read a summary of the FAIR Act's key points, objectives, and approach to strengthening public defense in Illinois.
Download the Fact SheetResearch Preview
Explore the research documenting disparities in public defense resources and access to representation across Illinois.
View the Research PreviewIllinois Public Defender Statistics
Access publicly available data on Illinois' public defense system, including data maps, analysis, methodology, and sources.
Visit the Research WebsiteSixth Amendment Center Report
Read the Sixth Amendment Center's report commissioned by the Illinois Supreme Court that examines decficiencies in Illinois' public defense system.
View the ReportA Path to Effective Public Defense in Illinois
The Sixth Amendment of the United States Constitution guarantees the right to counsel in criminal proceedings.
It is a state’s obligation to ensure that every person accused of a crime who cannot afford an attorney is provided with effective assistance of counsel.
The Funded Advocacy and Independent Representation (FAIR) Act is the first step towards creating a constitutional statewide public defense system to address decades of injustice.
The FAIR Act will provide oversight, expand resources, and establish standards to ensure that every indigent person accused of a crime is zealously represented by their public defender.
Illinois’ Public Defense Crisis
The Illinois Supreme Court commissioned the Sixth Amendment Center to evaluate Illinois’ approach to public defense.
In its June 2021 report, the Sixth Amendment Center concluded that Illinois fails to meet its constitutional obligations - highlighting overwhelming caseloads, insufficient funding and resources, and lack of statewide oversight and independence.
The Failures Persist.
NOT ONE OF ILLINOIS’ 102 COUNTIES PROVIDES ADEQUATE PUBLIC DEFENSE STAFFING.
No county provides the number of lawyers, mental health professionals, investigators, and support staff to meet the minimum required national workload and staffing standards.
Illinois lacks an oversight structure to assess whether counties have enough public defenders, investigators, and support staff with the appropriate training and resources to provide effective assistance counsel to every indigent person accused of a crime.
Illinois’ existing public defense delivery system is fragmented across 102 counties in which local judges and elected officials control funding. This means that the provision of public defense - and the right to counsel - is in the hands of elected officials.
Consequently, Illinoisans who cannot afford an attorney suffer from access to a fair trial that is jeopardized by local county politics and economics.
The FAIR Act will increase equity, independence, and resources to Illinois’ public defenders, helping Illinois to meet its duty to residents.
It will create a statewide structure and oversight by establishing an Office of the State Public Defender and the State Public Defender Commission.
The Office and Commission will work together to develop professional standards, workload guidelines, enhanced training and coordinated recruitment.