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Illinois Compiled Statutes

55 ILCS 5/3-9008 (2026)

Appointment of attorney to perform duties

✓ current as of May 2026
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(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
    Sec. 3-9008. Appointment of attorney to perform duties.
    (a) (Blank).
    (a-5) The court on its own motion, or an interested person in a cause or proceeding, civil or criminal, may file a petition alleging that the State's Attorney is sick, absent, or unable to fulfill the State's Attorney's duties. The court shall consider the petition, any documents filed in response, and if necessary, grant a hearing to determine whether the State's Attorney is sick, absent, or otherwise unable to fulfill the State's Attorney's duties. If the court finds that the State's Attorney is sick, absent, or otherwise unable to fulfill the State's Attorney's duties, the court may appoint some competent attorney to prosecute or defend the cause or proceeding.
    (a-10) The court on its own motion, or an interested person in a cause, proceeding, or other matter arising under the State's Attorney's duties, civil or criminal, may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause, proceeding, or other matter. The court shall consider the petition, any documents filed in response, and if necessary, grant a hearing to determine whether the State's Attorney has an actual conflict of interest in the cause, proceeding, or other matter. If the court finds that the petitioner has proven by sufficient facts and evidence that the State's Attorney has an actual conflict of interest in a specific case, the court may appoint some competent attorney to prosecute or defend the cause, proceeding, or other matter.
    (a-15) Notwithstanding subsections (a-5) and (a-10) of this Section, the State's Attorney may file a petition to recuse the State's Attorney from a cause or proceeding for any other reason the State's Attorney deems appropriate and the court shall appoint a special prosecutor as provided in this Section.
    (a-20) Prior to appointing a private attorney under this Section, the court shall contact public agencies, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or local State's Attorney's Offices throughout the State, to determine a public prosecutor's availability to serve as a special prosecutor at no cost to the county and shall appoint a public agency if they are able and willing to accept the appointment. An attorney so appointed shall have the same power and authority in relation to the cause or proceeding as the State's Attorney would have if present and attending to the cause or proceedings.
    (b) In case of a vacancy of more than one year occurring in any county in the office of State's attorney, by death, resignation or otherwise, and it becomes necessary for the transaction of the public business, that some competent attorney act as State's attorney in and for such county during the period between the time of the occurrence of such vacancy and the election and qualification of a State's attorney, as provided by law, the vacancy shall be filled upon the written request of a majority of the circuit judges of the circuit in which is located the county where such vacancy exists, by appointment as provided in the Election Code of some competent attorney to perform and discharge all the duties of a State's attorney in the said county, such appointment and all authority thereunder to cease upon the election and qualification of a State's attorney, as provided by law. Any attorney appointed for any reason under this Section shall possess all the powers and discharge all the duties of a regularly elected State's attorney under the laws of the State to the extent necessary to fulfill the purpose of such appointment, and shall be paid by the county the State's Attorney serves not to exceed in any one period of 12 months, for the reasonable amount of time actually expended in carrying out the purpose of such appointment, the same compensation as provided by law for the State's attorney of the county, apportioned, in the case of lesser amounts of compensation, as to the time of service reasonably and actually expended. The county shall participate in all agreements on the rate of compensation of a special prosecutor.
    (c) An order granting authority to a special prosecutor must be construed strictly and narrowly by the court. The power and authority of a special prosecutor shall not be expanded without prior notice to the county. In the case of the proposed expansion of a special prosecutor's power and authority, a county may provide the court with information on the financial impact of an expansion on the county. Prior to the signing of an order requiring a county to pay for attorney's fees or litigation expenses, the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity.
(Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22; 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 38 cases (10 in the last 5 years), 1996–2026 · leading case: People v. Muhammad, 2023 IL App (1st) 220372.
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People v. Muhammad, 2023 IL App (1st) 220372. · cites it 11× “¶ 23 Muhammad filed a “new” motion to rescind Milan’s appointment, again arguing that Milan’s positions at the SAO created a disabling conflict of interest requiring his disqualification under the governing statute (55 ILCS 5/3-9008 (West 2018)) and asserting that Milan could be…”
People v. Muhammad, 2025 IL 130470. · cites it 6× “(West 2018)) and, for the first time, address what evidence is needed to rescind the appointment of a special prosecutor under the amended version of section 3-9008(a- 10) of the Counties Code (55 ILCS 5/3-9008(a-10) (West 2020)). Having found sufficient evidence of torture of…”
In re Appointment of Special Prosecutor, 2019 IL App (1st) 173173. · cites it 4× “¶ 19 Emmett contends that the circuit court erred in denying his petition because the state’s attorney (1) is “unable to fulfill *** her duties” under subsection 3-9008(a-5) of the Counties Code (55 ILCS 5/3-9008(a-5) (West 2016)) and (2) has a per se “actual conflict of…”
People v. Max, 2012 IL App (3d) 110385, 980 N.E.2d 243. · cites it 2× “¶ 60 Section 3-9008 of the Counties Code (55 ILCS 5/3-9008 (West 2010)) governs the appointment of a special prosecutor and provides, in pertinent part: “Whenever the State’s [A]ttorney is *** interested in any cause or proceeding, civil or criminal, which it is or may be his…”
Bianchi v. McQueen, 2016 IL App (2d) 150646, 58 N.E.3d 680. “-2- 2016 IL App (2d) 150646 necessary any and all persons involved in the underlying pleadings herein [pursuant to section 3- 9008 of the Counties Code (55 ILCS 5/3-9008 (West 2008))].” The order also stated “that Attorney Thomas K.”
People v. Smith, 2016 IL App (4th) 140085, 401 Ill. Dec. 447. “Defendant's Allegations Against Tharp ¶ 17 Fultz explained that Tharp was disqualified to be the prosecutor in this case (the burglary case) only if she was "interested" in this case (55 ILCS 5/3-9008 (West 2010)) and that she was so "interested" only if (1) she was "interested…”
People v. Wilkinson, 674 N.E.2d 794 (Ill. App. Ct. 3d Dist. 1996). · cites it 3× “55 ILCS 5/3-9008 (West 1994). The county board further resolved that Margolis be appointed as "Special State's Attorney" for his legal representation of the appellees during the grand jury investigation.”
City of Chi. v. Off. of the Special Prosecutor (In Re Appointment of Special Prosecutor), 2017 IL App (1st) 161376, 91 N.E.3d 424. · cites it 4× “It also requires that before the county pays the bills, "the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity.”
In re Appointment of Special State's Attorney, 2020 IL App (2d) 190845. · cites it 6× “Chairman Haney then petitioned the trial court, pursuant to section 3-9008(a-10) of the Counties Code (55 ILCS 5/3-9008(a-10) (West 2018)), to appoint a 2020 IL App (2d) 190845 special prosecutor to represent him in the declaratory judgment action.”
Ferguson v. Patton, 2013 IL 112488, 985 N.E.2d 1000. “See 55 ILCS 5/3-9008 (West 2010) (permitting appointment of attorney to represent county where State’s Attorney is “sick or absent, or unable to attend, or is interested in any cause or proceeding”); 15 ILCS 205/6 (West 2010) (same with respect to appointment of attorney to act…”
In re Appointment of Special Prosecutor, 2019 IL 122949. “See 55 ILCS 5/3-9008 (West 2010). The court ordered Webb to investigate (1) whether criminal charges should be filed against anyone in connection with Koschman’s death and (2) whether “employees of the Chicago Police Department and the Cook County State’s Attorney’s Office acted…”
People v. Weeks, 2011 IL App (1st) 100395. “Defendant based his motion on section 3-9008 of the Counties Code (55 ILCS 5/3-9008 (West 2010)), which authorizes the -10- trial court to appoint a special prosecutor “[w]henever the State’s attorney is sick or absent, or unable to attend, or is interested in any cause or…”
Show all 38 citing cases →
55 ILCS 5/3-9008(a): 4 cases
In re Appointment of Special Prosecutor, 2019 IL App (1st) 173173. “¶ 19 Emmett contends that the circuit court erred in denying his petition because the state’s attorney (1) is “unable to fulfill *** her duties” under subsection 3-9008(a-5) of the Counties Code (55 ILCS 5/3-9008(a-5) (West 2016)) and (2) has a per se “actual conflict of…”
In re Appointment of Special State's Attorney, 2020 IL App (2d) 190845. “Chairman Haney then petitioned the trial court, pursuant to section 3-9008(a-10) of the Counties Code (55 ILCS 5/3-9008(a-10) (West 2018)), to appoint a 2020 IL App (2d) 190845 special prosecutor to represent him in the declaratory judgment action.”
People v. Towne, 2019 IL App (3d) 170834, 127 N.E.3d 936.
In re Appointment of Special State's Attorney, 2020 IL App (2d) 190845.
55 ILCS 5/3-9008(b): 3 cases
City of Chi. v. Off. of the Special Prosecutor (In Re Appointment of Special Prosecutor), 2017 IL App (1st) 161376, 91 N.E.3d 424. “It also requires that before the county pays the bills, "the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity.”
People v. Muhammad, 2023 IL App (1st) 220372. “¶ 23 Muhammad filed a “new” motion to rescind Milan’s appointment, again arguing that Milan’s positions at the SAO created a disabling conflict of interest requiring his disqualification under the governing statute (55 ILCS 5/3-9008 (West 2018)) and asserting that Milan could be…”
In re Appointment of a Special Prosecutor, 2017 IL App (1st) 161376.
55 ILCS 5/3-9008(c): 3 cases
City of Chi. v. Off. of the Special Prosecutor (In Re Appointment of Special Prosecutor), 2017 IL App (1st) 161376, 91 N.E.3d 424. “It also requires that before the county pays the bills, "the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity.”
In re Appointment of a Special Prosecutor, 2017 IL App (1st) 161376.
Thomas v. Cnty. of Peoria, 2025 IL App (4th) 241121.
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