How to Apply | History | Frequently Asked Questions | About The Capital Litigation Trust Fund

Frequently Asked Questions

At what point in a case is the Capital Litigation Trust Fund applicable?

• Funds are available once an individual has been charged and arraigned in a death penalty-eligible offense as long as the state's attorney has not filed a certificate or stated on the record in open court that the death penalty will not be sought.

Who authorizes expenses as reasonable, necessary and appropriate for payment from the trust fund?

• For all counties other than Cook County, the trial judge and the presiding judge in that county authorize defense expenses. For all counties other than Cook, either the Attorney General or the State’s Attorney Appellate Prosecutor authorizes prosecution expenses.

Are all expenses for a death penalty case covered by the trust fund?

• No. The trust fund is designed to supplement ordinary and customary funding by the county where the case is being tried.

Should all bills be remitted at once?

• No. Counsel should submit bills periodically for prompt payment. All bills must be itemized.

What is the compensation?

• Compensation rates are revised on an annual basis based on the Consumer Price Index. In 2008, compensation for appointed-trial counsel was paid at a rate of up to $151.56 per hour.

Do bills need to be itemized?

• Yes, all bills must be itemized or they will not be paid. Counsel must detail the dates the services were performed, describe what services were conducted, and the amount of time spent on each. Bills must also be accompanied by a certification that the amount requested is accurate, truthful, and reflects time spent or expenses incurred.

Does the fund reimburse travel expenses and other incidentals?

• Yes. The court is required to certify reasonable and necessary travel and per diem expenses (lodging, meals and incidental expenses). If travel expenses have been approved and certified by the court, counsel may submit them for reimbursement. These expenses are paid at the rate promulgated by the United States General Services Administration for the date and location in which they were incurred.

What if there is a question about expenses?

• Specific questions regarding expenses should be directed to the court.

Doesn't a description of services in an itemized bill disclose information that can be used against a party?

• Bills are filed with the court under seal, and are reviewed by the judge and the billing attorney, without opposing counsel present, but in the presence of a court reporter.

Must requests for specialists be submitted before they are retained?

• In general, the court should be petitioned before a specialist/expert's services are used. The proposed services provider should provide a best preliminary estimate to the court. That estimate should include the hourly rate of the specialist/expert, any employees, and any subcontractors that may be used in providing services. The best preliminary estimate should be signed by the proposed services provider.

What if an expert's services need to be retained prior to court approval?

• Counsel may obtain services without prior court authorization, but must seek certification that these services were reasonable and necessary before they are paid. Again, bills must also be accompanied by a certification that the amount requested is accurate, truthful, and reflects time spent or expenses incurred.

What discretion does the Illinois State Treasurer's Office have regarding paying claims submitted to the trust fund?

• None. The Illinois State Treasurer's Office pays claims that the court certifies for payment under the statute. However, if the Illinois State Treasurer's Office finds the expenses requested are unreasonable, unnecessary, or inappropriate, it may request that the court review the objection and resubmit the certification. The State Treasurer must make that request within 14 days of its receipt of the certification.

If the Illinois State Treasurer makes an objection to the certification, may the party submitting the claims respond?

• Yes. The Illinois State Treasurer must send a copy of the objection to the party seeking certification. Once the objection is received, the party seeking certification has seven days to file a response with the court.

How quickly will a court rule on an objection made by the Illinois State Treasurer?

• The court should rule promptly on any objections.

Where can I find a certification that the amount requested is accurate, truthful, and reflects time spent or expenses incurred?

• That certification is included in the relevant certification of expense forms on the Illinois State Treasurer's website.

Has the Illinois State Treasurer's Office refused to pay an expense?

• Yes. The State Treasurer's Office does not pay expenses when they do not satisfy the criteria of the Capital Crimes Litigation Act.

Does the Illinois State Treasurer's Office administer the trust fund for Cook County?

• No. The Cook County Treasurer's Office handles applications for funds from Cook County. The Illinois State Treasurer's Office grants money to Cook County from the Capital Litigation Trust Fund.

What oversight does the Illinois State Treasurer's Office have on the way Cook County spends their money?

• None. The Cook County Treasurer's office submits monthly reports describing the expenses paid, how much money was spent on each expense and the current trust fund balance.

What happens if the Trust Fund runs out of money?

• If the trust fund’s resources are entirely depleted in any of the fund categories, an appearance can be made by the Cook County Public Defender and/or State's Attorney (for requests on behalf of Cook County) or the State Appellate Defender and/or the State's Attorney Appellate Prosecutor (for requests on behalf counties other than Cook) before the General Assembly during the state's fiscal year to request supplemental appropriations from the trust fund to the State Treasurer.

Has the Trust Fund ever run out of money?

• Yes. In fiscal year 2002, the Capital Litigation Trust Fund ran out of money in the "appointed defense counsel" appropriation. Legislation was passed to supplement the trust fund and pay outstanding bills.

What is the average cost of a death penalty case?

• Costs reimbursed for cases by the trust fund typically range from $500,000 to $700,000.

Is there a limit on how much can be spent on a capital trial?

• There is no statutory limit; however, the court must consider all reimbursable expenses reasonable and necessary.

How long does it take for an expense to get paid?

• For counties other than Cook County, the average time for payment is four to six weeks from the time the request reaches the State Treasurer's Office.

Is information regarding the trust fund public record?

• Most information regarding death penalty cases is public information once the trial has concluded. Petitions for attorneys' fees become public information once appeals have been concluded.