>> ILLINOIS IS ONE OF 7 STATES WITHOUT INDEPENDENT STATEWIDE PUBLIC DEFENDER SYSTEM.

THE FAIR ACT, ACRONYM FOR FUNDED ADVOCACY, AN INDEPENDENT REPRESENTATION WOULD CHANGE THE BILL WAS FILED EARLIER THIS MONTH AND IT'S THE LATEST PUSH TO FIX THE STATE'S LONGSTANDING CHALLENGES IN EQUITABLE LEGAL REPRESENTATION.

JOINING US NOW WITH MORE, OUR STEPHANIE COLEMAN, THE POLICY DIRECTOR AT NORTHWESTERN UNIVERSITY'S CHILDREN AND FAMILY JUSTICE CENTER AND COOK COUNTY PUBLIC DEFENDER.

SHARON MITCHELL JUNIOR, THANKS TO BOTH FOR JOINING US.

SO STEPHANIE COLEMAN STARTING WITH YOU.

TELL US ABOUT THE FAIR ACT.

WHAT WOULD IT DO AND WHY DO YOU THINK IT'S NECESSARY?

>> WELL, AS YOU SAID, ILLINOIS REALLY STANDS APART FROM MOST OTHER STATES AND ITS PROVISION OF A STATEWIDE BODY TO REALLY SEE WHETHER WE ARE ADEQUATELY DEFENDING PEOPLE'S RIGHTS ACROSS THE STATE.

AND WHAT A COUPLE OF THAT HAD COMMENCED IN 2018 HAVE TOLD US IS THAT NO, WE'RE NOT.

IN ADDITION TO THE LACK OF STRUCTURE THAT WE HAVE AT THE STATE LEVEL, WHAT THAT IS DOING IS ALLOWING A LOT THE GAPS IN TO PROLIFERATE AROUND THE STATE AND PEOPLE'S RIGHTS REALLY IN MANY QUARTERS AND STATE ARE NOT BEING DEFENDED IN THE WAY THAT THEY NEED TO BE DUE TO LACK OF RESOURCES.

BUT THERE'S ALSO A STRUCTURAL ISSUE AND THE FAIR ACT CHANGE THAT SO THAT WE CAN HAVE MORE CONVERSATIONS ABOUT WHERE THOSE RESOURCES ARE WANT TO COME BACK TO SORT OF LIKE WHAT ACT WOULD CHANGE IN HOW THAT WOULD WORK.

STRONG MITCHELL COMING TO YOU THAT WE OFTEN HEAR ABOUT THE WORKLOAD FOR PUBLIC DEFENDER OFFICES.

WHAT ARE SOME OF THE BIGGEST CHALLENGES FOR YOUR OFFICE?

>> WE'RE LUCKY IN THE SENSE THAT WE HAVE A COUNTY BOARD COUNTY BOARD PRESIDENT SUPPORTED PUBLIC DEFENSE IN THE COUNTY, BUT THAT MAY NOT BE THE SAME SITUATION FOR OTHERS ACROSS THE STATE SO WE'RE TALKING ABOUT RESOURCES.

WE'RE TALKING ABOUT RESOURCE FOR PUBLIC DEFENDERS.

THAT KEEPS CASE LOADS DOWN AND THE FAIR ACT WOULD GIVE US THE OPPORTUNITY TO REALLY ADVOCATE FOR THE DEATH OF THE FUNDING THAT'S DESPERATELY NEEDED ALL ACROSS THE STATE.

>> I'M STEPHANIE, TELL US A LITTLE BIT MORE ABOUT THE ACT WHAT IT DOES, WHAT IT'S WHAT IT SETS CHECKED.

>> WELL, CREATES THE STRUCTURE, AS I THERE.

IS IT A STRUCTURE AT THE STATE LEVEL REALLY SUPERVISE HOW DEFENSE IS BEING PROVIDED AROUND THE STATE AND THIS PUBLIC STATE OFFICE OF PUBLIC DEFENSE WOULD HAVE THE ABILITY TO HELP AS A DEFENDER.

MITCHELL SET CASE THAT ARE RECOMMENDED FOR MAKE SURE THAT THERE'S ADDITIONAL STAFFING RESOURCES AND FINANCIAL RESOURCES THAT CAN BE DISTRIBUTED TO THE PLACES THAT NEED IT.

CURRENTLY IN ILLINOIS, ABOUT 60% OF THE COUNTIES DON'T HAVE AN OFFICE OF PUBLIC DEFENDER.

THAT IS COUNTY RYAN AND COUNTY FUNDED IN THAT SENSE.

AND SO HAVE THOSE ARE RUN ON INDIVIDUAL CONTRACTS.

PEOPLE ARE HAVING TO PAY OUT OF THEIR OWN POCKET IN SOME CASES FOR AND YOU KNOW, ADMINISTRATIVE SUPPORT THAT IS REALLY REQUIRED TO DEFEND RIGHTS.

AND THAT MEANS, YOU KNOW, IF IF COUNTIES ARE CONTRACTING SAY WITH A PI PRIVATE ATTORNEYS WHO ARE WORKING IN THE AREA.

>> I'M WHAT DOES THAT MEAN THEN?

YOU KNOW, FOR THE KIND OF DEFENSE THAT SOME FOLKS MIGHT BE GETTING, YOU KNOW, NOT THAT, YOU KNOW, A PUBLIC DEFENDER OR OR PRIVATE ATTORNEY IS NECESSARILY DIFFERENT WORSE.

BUT SOME FOLKS ARE GETTING, YOU PUBLIC DEFENDERS WHO MAYBE ARE GETTING PAID VERY BECAUSE THE COUNTY IS CONTRACTING OR HOW DOES HOW DOES IT SET UP SORT OF AN UNEVEN DEFENDING SYSTEM?

IT NO CONSTITUTIONAL RIGHT.

SHOULD HAVE A PRICE TAG IT.

UNFORTUNATELY WE LIVE IN A >> COMMUNITY WERE SOMETIMES THAT HAPPENS.

WE'RE TALKING ABOUT HAVING AN ATTORNEY THAT IS THERE.

WHEN YOU FIRST GET ARRESTED OR HAVE AN ATTORNEY THAT HAS ACCESS TO YOU THE BEST.

A GATOR SERVICES OR SUPPORT SERVICES.

WE KNOW THAT THE SITUATION IS REALLY VARIED ACROSS THE STATE RIGHT NOW.

PUBLIC DEFENDER SERVICES ARE REALLY DELIVER AT THE COUNTY LEVEL AND BECAUSE THERE ARE 102 DIFFERENT COUNTIES IN THE STATE, THERE ARE 102 DIFFERENT APPROACHES FOR PUBLIC THIS WILL GIVE LIKE COOK COUNTY PUBLIC DEFENDER'S OFFICES, MORE ACCESS TO RESOURCES, BUT IT COULD GET OTHER MORE, YOU KNOW, SUPPORT IN TERMS OF ACTUAL ATTORNEYS.

IT CREATE CASELOAD LIMITS.

YOU CAN CREATE A TRAINING STANDARDS.

THERE'S A REAL OPPORTUNITY HERE.

THE FACT THAT ILLINOIS ONLY ONE A HANDFUL OF STATES.

THE DON'T HAVE A STATEWIDE OFFICE REALLY SHOWS KIND OF THE LEVEL OF SUPPORT THE DEFENDER OFFICES GET, YOU KNOW, WE'RE LUCKY IN COOK COUNTY THAT WE A BOARD THAT IT SUPPORTED THE PUBLIC DEFENDER'S OFFICE.

BUT AGAIN, THAT IS NOT A GUARANTEE ACROSS THE STATE.

THIS IS A NECESSARY STEP.

AND WE'RE IN A REALLY EXCITING TIME IN THE SENSE THAT WE HAVE A SPEAKER OF THE HOUSE, A PRESIDENT OF THE SENATE AND A SUPREME COURT JUSTICE HIT A LEE JUSTICE TOO, HAS DECIDED THAT THIS IS SOMETHING THAT NEEDS TO HAPPEN.

SO IT'S TIME TO TAKE ADVANTAGE OF THAT.

>> STEPHANIE WHITE, DON'T SOME COUNTIES HAVE PUBLIC DEFENDERS?

WELL, IN THE ILLINOIS STATUTE, IT SAYS WHICH, BY THE WAY, WAS SET UP IN THE 40'S BEFORE THE RIGHT TO COUNSEL WAS REALLY CREATED GETTING VERSUS WAINWRIGHT, WHICH WAS IN 1968.

>> THERE WAS A IT WAS DECISION IN THE COUNTY CODE POPULATIONS UNDER 35,000 IN HAVE THE OPTION OF WHETHER TO SET UP A PUBLIC DEFENDER OFFICE OR NOT.

AND CURRENTLY OF BOTH IN COUNTIES THAT DO HAVE PUBLIC DEFENDER OFFICES AND THOSE THAT DON'T IT IS IN EVERY COUNTY OUTSIDE OF COOK COUNTY, THE CHIEF JUSTICE OF THE COUNTY WHO APPOINTS THAT PUBLIC DEFENDER AND THEN CAN REMOVE THEM AND DOES NOT HAVE TO DO SO FOR CARS.

THEY CAN VACATE.

THE OFFICE CAN BE VACATED IN A TIME WHICH REALLY GIVES AN IMPROPER LEVEL OF JUDICIAL SUPERVISION TO COUNTY DEFENDERS.

SO THE A PUBLIC DEFENDER GETS INTO THAT OFFICE FOR THE COUNTIES THAT DO HAVE BEEN EVER SINCE THE WAY OF STATE'S ATTORNEY GETS INTO THAT OFFICE IS VERY DIFFERENT.

STATE ATTORNEYS ARE ELECTED IN THE CASE OF COOK YOU ARE APPOINTED BY THE COUNTY TO THAT POSITION FOR PUBLIC DEFENDER.

>> I MEAN, I THINK THE LAW WOULD CHANGE THE WAY THOSE ROLES ARE SOON.

NOT STATES ATTORNEY, BUT FOR PUBLIC DEFENDER.

BUT I GUESS MY QUESTION, SHARON IS, SHOULD THERE BE MORE PARITY BETWEEN THE STATE ATTORNEYS OFFICES AND THE PUBLIC DEFENDER'S YEAH, WE KNOW IN.

>> ALL SIGNIFICANT MORE FUNDING FOR A PROSECUTOR'S OFFICES VERSUS A PUBLIC DEFENDER STOPPED AS WE KNOW, SOMETIMES DOUBLE SOMETIMES TRIPLE 2 TIMES QUADRUPLE.

>> AND HAVING A OFFICE WOULD ALLOW FOR US TO REALLY OR RISK RESOURCES ARE ARE NEEDED RIGHT NOW.

VAST MAJORITY OF FUNDING COMES FROM THE COUNTIES AND THERE NEEDS TO BE MORE THINK SUPPORTED THE STATE RESPONSIBILITY AGAIN.

WE'RE SUPER LUCKY THAT WE HAVE A CHIEF JUSTICE OF CHIEF JUSTICE SITES.

WE HAVE SPEAKER WELSH AND WE PRESIDENT HARDIN.

THE DA DECIDED TO SOMETHING THAT NEEDS TO BE DONE.

AND WE BELIEVE THAT THE FAIR ACT GIVES US A GREAT PLATFORM TO START TO HAVE THOSE CONVERSATIONS ABOUT WHAT IS NEEDED FOR FOLKS TO HAVE THE CONSTITUTIONAL RIGHTS REPRESENTED 70.

WHAT WITH SOMETHING LIKE THIS COST THE LIKELIHOOD THAT THERE'S ALSO THE POLITICAL WILL TO FUND THAT COST?

>> NEWS IS THAT IT WILL COST EITHER SINCE ILLINOIS.

IS THAT MEETING PEOPLE'S 6 AMENDMENT RIGHTS CURRENTLY REALLY LEADS TO STAY OPEN TO A LOT OF LIABILITY.

AND SO THE QUESTION IS WHETHER THE STATE WANTS TO GET OUT IN FRONT OF THAT, WHICH SINCERELY HOPE THAT IT DOES RIGHT UP FRONT.

THERE ISN'T A GREAT DEAL OF COST FOR THE BECAUSE WE KNOW THAT THERE IS NEED AROUND THE STATE.

BUT WE ALSO KNOW THAT THE STRUCTURE AND WHERE TO ADDRESS THOSE IS REALLY SOMETHING THAT NEEDS TO BE DONE THROUGH A THOUGHTFUL PLANNING PROCESS IN COLLABORATION WITH PUBLIC DEFENSE THAT COULD TAKE SOME TIME.

OUR OFFICE TO DO A STUDY OF WHERE GAPS ARE AND STAFFING AROUND THE STATE AND FOUND OUT THAT ILLINOIS IS SHORT.

ABOUT 900 DEFENSE ATTORNEYS AROUND THE STATE AND EVEN MORE THAN THAT IN TERMS OF INVESTIGATORS AND SUPPORT STAFF, CETERA.

SO IN THE END ILLINOIS TO REALLY BRING IT SYSTEM UP TO WHERE IT NEEDS TO BE, IT COULD BE QUITE COSTLY, BUT IN THE BUT THE COST OF PRISON AND OTHER CONSEQUENCES REALLY IS AS WELL.

IT'S PAID IN WAYS.

YES, YES, I'M OKAY.

SOMETHING THAT I WILL BE FOLLOWING.

NOT THIS SESSION, OF COURSE.

BUT AS YOU SAID, HOPEFULLY VETO SESSION.

>> THAT'S WHAT WE HAVE TO LEAVE IT.

STEPHANIE COLEMAN AND COOK COUNTY PUBLIC