Implementing the Illinois FAIR Act

Overview

The Fair Access to Indigent Representation (FAIR) Act establishes Illinois’s first statewide public defender system, marking a historic shift in how the state delivers constitutionally guaranteed legal representation. Signed into law in 2025, the FAIR Act creates new statewide structures, governance bodies, and accountability mechanisms designed to improve the quality, consistency, and equity of indigent defense across Illinois.

During the critical pre-implementation period leading up to the Act’s full effective date, the Illinois Supreme Court engaged the Center for Effective Public Policy (CEPP) to provide structured planning, stakeholder engagement, and operational support. CEPP’s work focuses on helping state leaders, practitioners, and community stakeholders lay the groundwork for a strong, transparent, and sustainable public defense system that is responsive to local needs and grounded in best practices.

Our Approach

CEPP supports large-scale justice system reforms by combining structured planning, inclusive engagement, and evidence-informed guidance. For Illinois’s FAIR Act implementation, CEPP’s role centers on helping the state move thoughtfully from statute to practice while preserving local ownership and building statewide alignment.

At a high level, CEPP’s approach emphasizes:

• Collaborative planning and coordination to support statewide readiness and shared understanding of new roles, responsibilities, and timelines
• Stakeholder engagement and listening to ensure that practitioners, community members, and impacted voices inform early decision-making
• Learning from national experience, drawing on lessons from other states that have implemented or restructured public defense systems
• Clear communication and transparency to support public understanding, trust, and accountability throughout the transition
• Sustainable system design, with attention to governance, funding, data, and long-term operational needs

The Impact

By supporting early planning and engagement, this project helps Illinois position its new statewide public defender system for long-term success. The work contributes to:

• Stronger foundations for a consistent, high-quality public defense system across all counties
• Improved readiness for new statewide leadership and advisory bodies
• Increased transparency and public understanding of the FAIR Act and its goals
• Greater attention to equity, including the needs of women and other historically underserved populations in the criminal legal system
• A clearer roadmap for implementation that supports fairness, accountability, and access to justice statewide

Ultimately, this effort helps ensure that the FAIR Act fulfills its promise—strengthening constitutional protections, promoting equity, and improving outcomes for people and communities across Illinois.