SB 2520

Abstract

Amends the Counties Code. Provides that, if a majority of the county board, by resolution, declares there to be a conflict of interest between the State's Attorney and the county board, the county board may, for civil matters involving the county board, notify the Attorney General, or hire outside legal counsel, to represent the county board while the conflict of interest remains. Amends the Attorney General Act. Provides that, when notified by a county board that the county board has declared a conflict of interest between the State's Attorney and the county board, the Attorney General, or his or her designee, shall appear for and represent the county board in civil matters involving the county board until such time that the county board notifies the Attorney General that the conflict of interest no longer remains. Effective immediately. Senate Committee Amendment No. 2 Deletes reference to: 15 ILCS 205/4f new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: provides that the county board must petition the circuit court to authorize the hiring of outside legal counsel to represent the county board while the conflict of interest remains with the State's Attorney; and removes provisions allowing the Attorney General to represent the county board while the conflict of interest remains. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: 55 ILCS 5/5-1186 new Adds reference to: 55 ILCS 5/3-9008 from Ch. 34, par. 3-9008 Replaces everything after the enacting clause. 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. House Floor Amendment No. 1 Changes "other matter" to "other matter arising under the State's Attorney's duties". Makes other conforming changes.