HR0786 LRB093 21680 RLC 49345 r

1
HOUSE RESOLUTION

 
2     WHEREAS, The General Assembly enacted the Capital Crimes
3 Litigation Act, Public Act 91-589, effective January 1, 2000;
4 and
 
5     WHEREAS, That Act created the Capital Litigation Trust
6 Fund; and
 
7     WHEREAS, Moneys in the Capital Litigation Trust Fund are
8 used to provide funding for the prosecution and defense of
9 capital cases; and
 
10     WHEREAS, The Capital Crimes Litigation Act provides few
11 safeguards to prevent excessive requests for moneys from the
12 Capital Litigation Trust Fund by defense counsel appointed to
13 represent indigent defendants in capital cases; and
 
14     WHEREAS, There are several credible allegations of misuse
15 of moneys from the Fund; and
 
16     WHEREAS, One of the most outrageous examples of alleged
17 abuse is the Cecil Sutherland case; and
 
18     WHEREAS, In that case Sutherland's defense counsel has been
19 paid $612,463 from the Fund and the counsel's investigator has
20 been paid $420,715 from the the Fund; and
 
21     WHEREAS, These expenditures are considered outrageous by
22 reasonable members of the trial bar; and
 
23     WHEREAS, The Attorney General as the chief legal officer of
24 this State should investigate whether counsel appointed to
25 represent indigent defendants in capital cases are making
26 requests for outlandish sums of money from the Capital
27 Litigation Trust Fund; therefore, be it
 

 

 

HR0786 - 2 - LRB093 21680 RLC 49345 r

1     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
2 NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we
3 request that the Attorney General investigate allegations that
4 defense counsel representing indigent defendants in capital
5 cases who are eligible for funding from the Capital Litigation
6 Trust Fund are requesting excessive amounts of moneys from the
7 Fund; and be it further
 
8     RESOLVED, That a suitable copy of this Resolution be
9 forwarded to the Honorable Lisa Madigan, Attorney General of
10 the State of Illinois.