Illinois is one of just five states without a centralized statewide system for funding and administering public defense, leaving it almost entirely to counties. Several small, rural counties do not fund a full-time public defender, paying only for a part-time or contract attorney when a defendant charged in that county cannot afford a private attorney.

“The responsibility to pay for an attorney legally belongs to the state of Illinois,” said Kollmann. “And currently, it’s paying about 1 of every 10 dollars spent on public defense.”

The legislation keeps counties funding public defenders at current levels, while seeking to gradually increase the payer mix from the state.

“If all 10 of those dollars are really a legal duty, the state ought to be covering more of those dollars,” Kollmann said.

 

Central Illinois not immune

The Northwestern study found that no county was fully staffed, including big gaps in public defense throughout Central Illinois.

The 11^th Judicial Circuit that includes McLean County has less than half the attorneys needed to meet demand for public defense. And with no investigators, no social workers and not enough paralegals and support staff throughout the circuit, defendants are left hanging — their attorneys barely able to keep up with caseloads.

“Right now, we’re handling it, but we’re treading water,” said Elisabeth Pollock, chief public defender for Champaign County. According to Northwestern’s data, Champaign County is short 16 attorneys. Unlike many counties, it does have an investigator — but needs 10.

Pollock prioritizes work-life balance for her staff, hosting morale boosters and monitoring their caseloads. She also takes the more time-intensive cases for herself — a move she admits is unsustainable long term. She’s heard stories of cases being dismissed in circuits working beyond their capacity.

“It could very easily get to the point that if there were so many cases that I’m looking at my people and I’m thinking I’m going to lose them, I would consider a step like that,” Pollock said. “We just haven’t gotten there.”

In a statement, McLean County Public Defender Ron Lewis echoed Pollock, adding in counties like McLean and Champaign, with established public defender’s offices he “anticipate operations remaining essentially the same.”

A two-year implementation period baked into the legislation allows for the statewide office to get up and running, and collect data on each county.

“I think the initial impact will be greater for smaller counties,” Lewis said.

But there are signs of cracks in McLean County’s system, with some defendants opting to navigate their cases alone.

Marcus Folks is one. He’s currently detained in McLean County Jail, charged with armed robbery and fleeing police connected to a burglary at a fast food drive-thru in 2023.

In a letter to WGLT, Folks said he was representing himself because “public defenders do not like to help inmates,” adding he wants to push back against an eyewitness testimony in his case.

“My last public defender told me that she was not going to fight for my identification against the state, so yes, I went pro se because she was out to railroad me in trial,” he said.

Alexander Gayles is serving 10 years in prison for criminal contempt — the only person in Illinois incarcerated for that offense. As his public defender was filing a motion to have his sentenced reduced, Gayles filed his own motion attempting to fire his public defender, who he said convinced him to take a blind plea deal without adequately communicating the potential consequences. He ultimately opted to keep his attorney.

Pollock said in these sorts of situations, it’s the system, not necessarily the individual attorney, who is at fault.

“These are some of the best lawyers you are ever going to find,” Pollock said. “We know more about the law than anyone else because we are exposed to it day after day after day. It is all that we do. And yet there’s this disparity of opinion between us, where people somehow think, ‘Well if I pay for an attorney, I’m going to get higher-level or more skilled representation.’”

Pollock said trust and communication are paramount, even when public defenders are overworked. Knowing this, she spends most weekends making jail calls and visits.

“You can file the most kickass motion to suppress in the world,” she said. “You could win a hearing. But if your client isn’t able to get ahold of you, that is the root of every problem,” she said.

Pollock has made many attempts to get more funding from Champaign County, but there comes a point where there’s nothing left to give.

“You can’t just manufacture cash out of thin air,” she said. “There’s no more money at the county level. And it just has always been that way, since the public defense system was created.”