2025 Public Defense Legislation: New laws in North Dakota, Mississippi, and Illinois improve access to counsel and strengthen public defense systems

The Deason Criminal Justice Reform Center works with lawmakers, public defenders and advocates to strengthen the Sixth amendment right to counsel across the country. In 2025, the Center helped shape and support legislative victories in three states – North Dakota, Mississippi, and Illinois - that expand access to counsel and invest in more effective public defense systems.  

  • North Dakota Senate Bill 2226: In North Dakota, the state legislature passed SB 2226. The Deason Center helped craft the landmark bill which ensures all arrested people are provided counsel at their first appearance. The bill establishes a presumption of indigence, ensuring that any person arrested who remains in custody at the time of their initial appearance receives counsel. For years, arrested people faced their initial appearance without a lawyer because the state required indigency to be verified before appointing counsel. Without a lawyer’s help, they were forced to navigate a complex legal system, prove to the court that they cannot afford an attorney, and argue for their own release. Starting January 1, 2026, counsel is provided to all people in custody at the time of their initial appearance.
  • Mississippi House Bill 37: Mississippi appropriated more than $4 million to the Office of State Public Defender, including $668,000 for a historic rural public defense pilot program servicing the state’s 5th Circuit Court District. The Deason Center helped to design the pilot office and supported the Office of the State Public Defender in seeking funding for the pilot office. During its first five months, the pilot office represented 84 clients facing felony charges. Pilot office attorneys obtained their clients’ release from incarceration in 50 cases. 
  • Illinois House Bill 3363: HB 3363 or the State Public Defender Act establishes an Illinois public defender’s office plus a supporting commission under the Illinois Supreme Court. The Commission and Office will improve oversight, enhance training and resources, and set uniform defense standards. The Deason Center served as a key resource to Illinois advocates pursuing this critical reform. Advocates for the bill raised concerns about the quality and consistency of representation across Illinois’ county-based public defense systems. This bill moves Illinois toward meeting national standards for state oversight and funding.

The Deason Center celebrates the progress that North Dakota, Mississippi, and Illinois made in 2025 toward meeting their Sixth Amendment obligations.