No public defender, assistant public defender, appellate defender, or assistant appellate defender, acting within the scope of his or her employment or contract, nor any person or entity employing, supervising, assisting, or contracting for the services of a public defender, assistant public defender, appellate defender, or assistant appellate defender, is liable for any damages in tort, contract, or otherwise, in which the plaintiff seeks damages by reason of legal or professional malpractice, except for willful and wanton misconduct. (Text of Section after amendment by P.A. 104-300) Sec. 5. Immunity. No state or county public defender, assistant state or county public defender, appellate defender, or assistant appellate defender, acting within the scope of his or her employment or contract, nor any person or entity employing, supervising, assisting, or contracting for the services of a state or county public defender, assistant state or county public defender, appellate defender, or assistant appellate defender, is liable for any damages in tort, contract, or otherwise, in which the plaintiff seeks damages by reason of legal or professional malpractice, except for willful and wanton misconduct.
745 ILCS 19/5
Immunity
Known as the Public and Appellate Defender Immunity Act
The act spans §§ 745-19-1 to 745-19-99 (3 sections).
P.A. 91-877, eff. 6-30-00.; P.A. 104-300, eff. 1-1-27.
Official source: Illinois General Assembly. Reproduced from public-domain Illinois statutes; confirm against the official source for the current text. Not legal advice.