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| Public Act 102-0657 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing | ||||
Section 3-9008 as follows:
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(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
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Sec. 3-9008. Appointment of attorney to perform duties. | ||||
(a) (Blank). | ||||
(a-5) The court on its own motion, or an interested person | ||||
in a cause or proceeding, civil or criminal, may file a | ||||
petition alleging that the State's Attorney is sick, absent, | ||||
or unable to fulfill his or her duties. The court shall | ||||
consider the petition, any documents filed in response, and if | ||||
necessary, grant a hearing to determine whether the State's | ||||
Attorney is sick, absent, or otherwise unable to fulfill his | ||||
or her duties. If the court finds that the State's Attorney is | ||||
sick, absent, or otherwise unable to fulfill his or her | ||||
duties, the court may appoint some competent attorney to | ||||
prosecute or defend the cause or proceeding. | ||||
(a-10) The court on its own motion, or an interested | ||||
person in a cause, or proceeding, or other matter arising | ||||
under the State's Attorney's duties, civil or criminal, may | ||||
file a petition alleging that the State's Attorney has an | ||||
actual conflict of interest in the cause, or proceeding, or | ||
other matter. The court shall consider the petition, any | ||
documents filed in response, and if necessary, grant a hearing | ||
to determine whether the State's Attorney has an actual | ||
conflict of interest in the cause, or proceeding, or other | ||
matter. If the court finds that the petitioner has proven by | ||
sufficient facts and evidence that the State's Attorney has an | ||
actual conflict of interest in a specific case, the court may | ||
appoint some competent attorney to prosecute or defend the | ||
cause, or proceeding, or other matter. | ||
(a-15) Notwithstanding subsections (a-5) and (a-10) of | ||
this Section, the State's Attorney may file a petition to | ||
recuse himself or herself from a cause or proceeding for any | ||
other reason he or she deems appropriate and the court shall | ||
appoint a special prosecutor as provided in this Section. | ||
(a-20) Prior to appointing a private attorney under this | ||
Section, the court shall contact public agencies, including, | ||
but not limited to, the Office of Attorney General, Office of | ||
the State's Attorneys Appellate Prosecutor, or local State's | ||
Attorney's Offices throughout the State, to determine a public | ||
prosecutor's availability to serve as a special prosecutor at | ||
no cost to the county and shall appoint a public agency if they | ||
are able and willing to accept the appointment. An attorney so | ||
appointed shall have the same power and authority in relation | ||
to the cause or proceeding as the State's Attorney would have | ||
if present and attending to the cause or proceedings. | ||
(b) In case of a vacancy of more than one year
occurring in | ||
any county in the office of State's attorney, by death,
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resignation or otherwise, and it becomes necessary for the | ||
transaction
of the public business, that some competent | ||
attorney act as State's
attorney in and for such county during | ||
the period between the time of
the occurrence of such vacancy | ||
and the election and qualification of a
State's attorney, as | ||
provided by law, the vacancy shall be filled upon
the written | ||
request of a majority of the circuit judges of the circuit
in | ||
which is located the county where such vacancy exists, by | ||
appointment
as provided in The Election Code of some competent | ||
attorney to perform
and discharge all the duties of a State's | ||
attorney in the said county,
such appointment and all | ||
authority thereunder to cease upon the election
and | ||
qualification of a State's attorney, as provided by law. Any
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attorney appointed for any reason under this Section shall
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possess all the powers and discharge all the
duties of a | ||
regularly elected State's attorney under the laws of the
State | ||
to the extent necessary to fulfill the purpose of such
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appointment, and shall be paid by the county he serves not to | ||
exceed in
any one period of 12 months, for the reasonable | ||
amount of time actually
expended in carrying out the purpose | ||
of such appointment, the same compensation
as provided by law | ||
for the State's attorney of the county, apportioned,
in the | ||
case of lesser amounts of compensation,
as to the time of | ||
service reasonably and actually expended. The county shall | ||
participate in all agreements on the rate of compensation of a | ||
special prosecutor.
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(c) An order granting authority to a special prosecutor | ||
must be construed strictly and narrowly by the court. The | ||
power and authority of a special prosecutor shall not be | ||
expanded without prior notice to the county. In the case of the | ||
proposed expansion of a special prosecutor's power and | ||
authority, a county may provide the court with information on | ||
the financial impact of an expansion on the county. Prior to | ||
the signing of an order requiring a county to pay for | ||
attorney's fees or litigation expenses, the county shall be | ||
provided with a detailed copy of the invoice describing the | ||
fees, and the invoice shall include all activities performed | ||
in relation to the case and the amount of time spent on each | ||
activity. | ||
(Source: P.A. 99-352, eff. 1-1-16.)
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