Carbondale Reporter

The controversial abolishment of cash bail in Illinois has had unintended consequences, particularly in relation to the shortage of public defenders in the state. Under current law, only counties with 35,000 or more residents are required to establish offices of public defender, and even these are not required to be full-time positions. As a result, more than half of Illinois' counties do not have full-time public defenders.

To address the challenges posed by the Pretrial Fairness Act, the Illinois Supreme Court issued an order in August allowing pretrial hearings to be conducted remotely for a period of six months. This has been crucial for smaller counties that would otherwise struggle to comply with the requirement that arrestees appear before a judge within 48 hours. However, the already stretched-thin public defenders in the state are now facing even greater strain.

In St. Clair County, for example, the public defender's office has been grappling with an overwhelming caseload. In 2022, each of the five full-time attorneys in the office was handling more than 350 cases, which is more than double the recommended guideline set by the American Bar Association. While there has been some relief in terms of caseloads since then, the implementation of the Pretrial Fairness Act is expected to lead to a surge in caseloads once again.

The St. Clair County Public Defender's Office has described the end of cash bail as "a massive revolutionary change in our law." With the new law, public defenders are required to respond more quickly, necessitating additional staff to keep up with the demands. However, the funding allocated for additional public defenders under the Pretrial Fairness Act has not been sufficient, at least in St. Clair County. While each of the state's 101 counties outside of Cook County is receiving funding ranging from $77,000 to $147,555 to bolster public defender staffing, it remains uncertain whether these resources will adequately address the staffing issues.

The implementation of the SAFE-T Act, which eliminated cash bail, has undoubtedly presented financial challenges for counties already struggling to meet the demands of their public defender offices. As a result, there are concerns about how well the staffing issues will be resolved moving forward. Democrats who championed the SAFE-T Act may have overlooked some of its unintended consequences, including the strain it places on the financial resources needed to handle the new law.

In light of these concerns, it is crucial for policymakers to reassess the allocation of resources and consider additional measures to address the public defender shortage in Illinois. Failure to do so may undermine the goal of ensuring fair and efficient legal representation for all individuals, regardless of their economic circumstances.

-quotation from the St. Clair County Public Defender’s Office: "The end of cash bail as ‘a massive revolutionary change in our law.’"

-quotation from the SAFE-T Act: "Law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A misdemeanor unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused’s own safety."

-quotation from the article: "Democrats cheered and championed the SAFE-T Act at every turn, but did they consider all of its ramifications?"

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