IL legislator: New public defender law adds costs, takes away local
control
[September 17, 2025]
By Catrina Barker | The Center Square contributor
(The Center Square) – A new Illinois law creates a statewide office to
address public defender staffing gaps, but critics warn of higher costs
and added bureaucracy without guaranteed improvements.
State Rep. Patrick Windhorst, R-Metropolis, who voted against House Bill
3363, voiced concerns about the potential costs and the shift away from
local control.
"Staffing issues in local public defender offices were a concern raised
by the bill's sponsor and supporters, along with the general
availability of resources, which had previously been funded at the
county level,” said Windhorst. “Under this law, counties will still
cover public defender salaries and office expenses, but a larger
statewide funding pool will now exist to assist in defending indigent
clients. This change will increase costs for the state without reducing
local spending."
State Sen. Robert Peters, D-Chicago, carried the bill in the Senate.
“Every Illinoisan deserves a strong defense, no matter their income,”
said Peters. “Instating this new system would ensure real help reaches
people who have been left behind in conversations about criminal justice
reform for far too long.”
Windhorst also expressed concerns about moving oversight from the local
level to a statewide office.
“I just feel like government, that is on the local level, is the most
affecting form of government. Those are the individuals locally who are
making local decisions,” Windhorst said.
While the bill includes some local involvement through a nominating
committee, Windhorst said it still falls short of true local control.
“I would still prefer it to be done completely at the local level, but
obviously that was not what was adopted,” he said.
The law establishes a state public defender who will oversee the new
office, with guidance from both a Public Defender Advisory Board,
composed of attorneys providing defense services, and a Client Community
Advisory Board, composed of former clients or defendants.
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Illinois state Rep. Patrick Windhorst, R-Metropolis, during floor
debate on May 29, 2025
BlueRoomStream
Windhorst was asked if the new statewide public defender structure
could interfere with the Sixth Amendment right to effective counsel.
“Each criminal case is unique … just because you may have a motion
or certain procedural effort that’s made in one case doesn’t mean
that that is appropriate in another case or in another
jurisdiction,” said Windhorst. “That is a danger I see, and
hopefully there will be ways to have an appropriate assessment while
also taking into account the case-by-case nature of the criminal
justice system.”
Windhorst warned that statewide performance metrics could misjudge
public defenders’ work because every case is different.
“If a metric says a defender has only had jury trials in a certain
percentage of cases and is therefore deficient, that isn’t fair
without knowing the specifics—charges, plea offers, potential
penalties, or sentences,” he said. “Metrics could skew a defender’s
duty to zealously represent each client if they focus on overall
stats instead of individual cases.”
Supporters of HB 3363 argued the bill would address staffing
shortages and reduce perceived pressure on public defenders from
local judges. Windhorst disagreed with this premise, emphasizing his
experience with local public defenders.
“My experience has been that public defenders have operated
diligently in representing their clients, and judges, if anything,
want attorneys on the defense side to be diligent in representing
their clients,” he said.
Currently, in Illinois counties outside of Cook, judges have the
authority to hire and remove chief public defenders. The American
Bar Association recommends that public defenders operate
independently, and Illinois is one of only two states, along with
Mississippi, with this structure.
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