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HB 3333

NO MUNICIPAL OUTSIDE COUNSEL

104th Regular Session Introduced by Thaddeus Jones

HB 3333 makes the municipal officer who provides legal counsel the default representative, generally prohibiting outside counsel unless a good-faith conflict prevents the officer f

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Bill Summary · HB 3333

Summary — HB 3333 (NO MUNICIPAL OUTSIDE COUNSEL)

Status: Enacted (filed without Governor’s signature 6/20/2025) — Effective 9/1/2025
Introduced: 2/18/2025 by Rep. Thaddeus Jones
Citation added: Illinois Municipal Code, 65 ILCS 5/3.1‑55‑30 (new)
Companion bill: SB 1911

Purpose

HB 3333 restricts a municipality’s use of outside legal counsel when the municipality already employs a municipal officer (for example, a city attorney) whose purpose is to provide legal counsel to the corporate authorities or to represent the municipality in legal proceedings. The bill’s intent is to make the municipal officer the default legal representative of the municipality and to limit hiring outside counsel except in specified circumstances.

Key provisions

  • Adds Section 3.1‑55‑30 to the Illinois Municipal Code.
  • Prohibition: If a municipality employs a municipal officer whose purpose is to provide legal counsel to the corporate authorities or to represent the municipality, the corporate authorities shall not employ or seek outside counsel to represent the municipality.
  • Exception: Corporate authorities may retain outside counsel if they, in good faith, believe there is a conflict of interest involving the municipal officer that prevents the officer from representing the municipality.
  • No other express exceptions (e.g., for specialized expertise or workload) are included in the text.

Who is affected

  • Municipal corporate authorities (mayors, city councils, boards) — restricted from retaining outside counsel in most circumstances.
  • Municipal officers providing legal counsel (city attorneys, corporation counsel) — become the default legal representative of the municipality.
  • Private law firms and outside counsel — potential reduction in municipal engagements unless a good‑faith conflict is found.
  • Municipal budgets and litigation practice — possible changes to how municipalities allocate legal work and hire specialists.

Implementation & timeline

  • Passed both chambers in May 2025; enrolled and transmitted to Governor on 6/2/2025.
  • Filed without the Governor’s signature on 6/20/2025 (became law without signature).
  • Statutory effective date: September 1, 2025.

Considerations and potential impacts

  • Operational: May limit access to specialized legal expertise or second opinions; municipalities may need internal capacity planning.
  • Legal standard: “Good faith” belief of a conflict is the only explicit exception; the term is subjective and could lead to disputes over whether outside counsel may be retained.
  • Procurement & cost: Could lower outside counsel expenditures but could increase workload for in‑house counsel or result in unaddressed need for specialized representation in complex matters.

For reference, the statutory change is codified at 65 ILCS 5/3.1‑55‑30 (new) in the Illinois Municipal Code.

Compiled from official sources — confirm details with the bill’s official record.

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