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About The Capital Litigation Trust Fund
The Capital Litigation Trust Fund was created by the Illinois General Assembly to provide defense counsel and prosecutors access to sufficient resources to cover the costs of litigating death penalty cases.

The bipartisan legislation was prompted by the overturned convictions of 13 individuals whom the courts determined had been wrongly accused or convicted of capital crimes and sentenced to death row.

As a result, the state sought to ensure that a lack of financial resources would not deny a death penalty defendant access to competent counsel and the ability to mount a credible defense. The fund also provides money for prosecutors, helping to defray the high costs of death penalty cases.

One portion of the fund allocates an annual amount of financial assistance to pay for capital cases in Cook County, where the majority of death penalty cases are tried. The remainder of the fund is earmarked for capital expenses throughout the rest of the state.

Every fiscal year, money allocated by the General Assembly is transferred from the state’s General Revenue Fund to the Capital Litigation Trust Fund administered by the State Treasurer’s Office.

The Trust Fund provides funds for:

• Annual requests from the Cook County Public Defender and Cook County State’s Attorney. These funds are disbursed by the Cook County Treasurer’s Office.
• Reimbursement for Public Defenders, appointed defense counsel, State’s Attorneys in counties outside of Cook, and the Attorney General, State Appellate Defender and State’s Attorneys Appellate Prosecutor. These funds are disbursed by the State Treasurer’s Office.

 According to the Act, eligible expenses can include, but are not limited to:

• Investigation assistance
• Testimony of expert witnesses
• Forensic and DNA testing
• Mitigation specialists
• Other trial-related necessities

The Act requires that the court approve trial expenses submitted by public defenders and appointed defense counsel before they receive payment.  State’s Attorneys in counties other than Cook may have trial expenses approved by either the Illinois Attorney General or the State’s Attorney Appellate Prosecutor.

Bills submitted for payment must be accompanied by a certification that the amount requested is accurate and truthful and reflects time spent or expenses actually incurred.

If approved, these bills are forwarded to the State Treasurer’s Office (for cases outside Cook County) or the Cook County Treasurer’s Office (for cases in Cook County). Bills forwarded to the State Treasurer's Office are reviewed by the State Treasurer, who may, within 14 days of receipt of the bill, return to the court for review any expenses found to be unreasonable, unnecessary or inappropriate. If no objections are found, or if the Court overrules the objections, the State Treasurer will release the money for reimbursement. If a State’s Attorney indicates that prosecutors will not seek the death penalty, the Capital Litigation Trust Fund does not pay for any of the incurred expenses.