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

History

The Capital Litigation Trust Fund was created in 1999 as part of the Capital Crimes Litigation Act (725 ILCS 124). The Illinois Legislature overwhelmingly approved the measure to promote fairness in the defense and prosecution of death penalty cases. The legislation took effect on Jan. 1, 2000.

In 2005, the Legislature amended the Act to demand greater fiscal accountability from attorneys litigating death penalty cases. Court-appointed attorneys are now required to submit a budget and an itemized accounting of work performed in a death penalty case.

In 2009, the Act was amended again to standardize charges related to performing legal duties, and limit excessive and inappropriate costs.  Significantly, the State Treasurer now has the ability to ask that the certifying judge reconsider any certified expenses submitted by the court if the Treasurer finds that they are unreasonable, unnecessary or inappropriate.  The amendment also standardizes and caps travel and per diem expenses at the rate promulgated by the United States General Services Administration.

As of June 2009, $24.8 million has been expended to multiple counties outside of Cook County.