Bill Text: IL SB2520 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the Counties Code. The court on its own motion, or an interested person in a cause, proceeding, or other matter, civil or criminal, (rather than only in a cause or proceeding, civil or criminal) may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause or proceeding. Makes conforming changes.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Enrolled) 2021-06-28 - Sent to the Governor [SB2520 Detail]

Download: Illinois-2021-SB2520-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Section 3-9008 as follows:
6 (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
7 Sec. 3-9008. Appointment of attorney to perform duties.
8 (a) (Blank).
9 (a-5) The court on its own motion, or an interested person
10in a cause or proceeding, civil or criminal, may file a
11petition alleging that the State's Attorney is sick, absent,
12or unable to fulfill his or her duties. The court shall
13consider the petition, any documents filed in response, and if
14necessary, grant a hearing to determine whether the State's
15Attorney is sick, absent, or otherwise unable to fulfill his
16or her duties. If the court finds that the State's Attorney is
17sick, absent, or otherwise unable to fulfill his or her
18duties, the court may appoint some competent attorney to
19prosecute or defend the cause or proceeding.
20 (a-10) The court on its own motion, or an interested
21person in a cause, or proceeding, or other matter arising
22under the State's Attorney's duties, civil or criminal, may
23file a petition alleging that the State's Attorney has an

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1actual conflict of interest in the cause, or proceeding, or
2other matter. The court shall consider the petition, any
3documents filed in response, and if necessary, grant a hearing
4to determine whether the State's Attorney has an actual
5conflict of interest in the cause, or proceeding, or other
6matter. If the court finds that the petitioner has proven by
7sufficient facts and evidence that the State's Attorney has an
8actual conflict of interest in a specific case, the court may
9appoint some competent attorney to prosecute or defend the
10cause, or proceeding, or other matter.
11 (a-15) Notwithstanding subsections (a-5) and (a-10) of
12this Section, the State's Attorney may file a petition to
13recuse himself or herself from a cause or proceeding for any
14other reason he or she deems appropriate and the court shall
15appoint a special prosecutor as provided in this Section.
16 (a-20) Prior to appointing a private attorney under this
17Section, the court shall contact public agencies, including,
18but not limited to, the Office of Attorney General, Office of
19the State's Attorneys Appellate Prosecutor, or local State's
20Attorney's Offices throughout the State, to determine a public
21prosecutor's availability to serve as a special prosecutor at
22no cost to the county and shall appoint a public agency if they
23are able and willing to accept the appointment. An attorney so
24appointed shall have the same power and authority in relation
25to the cause or proceeding as the State's Attorney would have
26if present and attending to the cause or proceedings.

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1 (b) In case of a vacancy of more than one year occurring in
2any county in the office of State's attorney, by death,
3resignation or otherwise, and it becomes necessary for the
4transaction of the public business, that some competent
5attorney act as State's attorney in and for such county during
6the period between the time of the occurrence of such vacancy
7and the election and qualification of a State's attorney, as
8provided by law, the vacancy shall be filled upon the written
9request of a majority of the circuit judges of the circuit in
10which is located the county where such vacancy exists, by
11appointment as provided in The Election Code of some competent
12attorney to perform and discharge all the duties of a State's
13attorney in the said county, such appointment and all
14authority thereunder to cease upon the election and
15qualification of a State's attorney, as provided by law. Any
16attorney appointed for any reason under this Section shall
17possess all the powers and discharge all the duties of a
18regularly elected State's attorney under the laws of the State
19to the extent necessary to fulfill the purpose of such
20appointment, and shall be paid by the county he serves not to
21exceed in any one period of 12 months, for the reasonable
22amount of time actually expended in carrying out the purpose
23of such appointment, the same compensation as provided by law
24for the State's attorney of the county, apportioned, in the
25case of lesser amounts of compensation, as to the time of
26service reasonably and actually expended. The county shall

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1participate in all agreements on the rate of compensation of a
2special prosecutor.
3 (c) An order granting authority to a special prosecutor
4must be construed strictly and narrowly by the court. The
5power and authority of a special prosecutor shall not be
6expanded without prior notice to the county. In the case of the
7proposed expansion of a special prosecutor's power and
8authority, a county may provide the court with information on
9the financial impact of an expansion on the county. Prior to
10the signing of an order requiring a county to pay for
11attorney's fees or litigation expenses, the county shall be
12provided with a detailed copy of the invoice describing the
13fees, and the invoice shall include all activities performed
14in relation to the case and the amount of time spent on each
15activity.
16(Source: P.A. 99-352, eff. 1-1-16.)
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