People v. MacTaggart
2019 IL App (3d) 160583
Ill. App. Ct.2019Background
- Defendant Scott MacTaggart was charged with criminal sexual assault and sexual relations within families; initial bond set at $250,000 (10% = $25,000).
- MacTaggart submitted a financial affidavit showing unemployment, ~ $17,106 in assets (largely encumbered vehicle) and liabilities; trial court initially found him indigent and appointed the public defender.
- Defendant’s mother posted $25,000 cash bail; the State moved to reconsider appointment of the public defender after bond was posted.
- At the indigency hearing the public defender did not advocate; the court found MacTaggart not indigent, reasoning that posted bond and family resources made private counsel available, and it dismissed the public defender.
- MacTaggart obtained private counsel via bond-assignment, was tried, convicted, and sentenced to nine years. On appeal the majority vacated the conviction, holding the court plainly erred and committed a structural error in denying appointed counsel; one justice dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly found defendant not indigent and dismissed public defender | Posted $25,000 bail shows funds/credit available to hire counsel (family support or surrendering bail). | Bail was posted by mother and not defendant’s funds; defendant’s affidavit and testimony showed no access to money to hire counsel. | Court: trial court plainly erred by presuming availability of funds from third-party bail without adequate inquiry; dismissal of PD was structural error. |
| Whether denial implicated defendant’s Sixth Amendment right to counsel of choice | If defendant is not indigent, no right to appointed counsel of choice; dismissal lawful if funds available. | Denial of appointed counsel deprived defendant of representation and chilled choice; proceeding without adequate inquiry violated rights. | Court: although right to appointed counsel-of-choice not extended, denying appointed counsel here was improper and affected integrity of proceedings. |
| Whether posting third-party bail precludes indigency finding | Posted bail can indicate availability of funds for counsel. | Posting by friends/family does not presumptively make defendant able to pay attorney fees; court must inquire. | Court: posting bail by third parties does not preclude indigency; trial court should have made a complete inquiry into defendant’s finances and access to funds. |
Key Cases Cited
- United States v. Gonzalez-Lopez, 548 U.S. 140 (2006) (right to retained counsel of choice).
- People v. Baez, 241 Ill. 2d 44 (2011) (denial of counsel-of-choice is structural error).
- People v. Herron, 215 Ill. 2d 167 (2005) (plain-error doctrine framework).
- People v. Piatkowski, 225 Ill. 2d 551 (2007) (plain-error requires clear or obvious error).
- People v. Ellis, 309 Ill. App. 3d 443 (1999) (indigency determination requires full picture of finances; favor appointment).
- People v. Adams, 388 Ill. App. 3d 762 (2009) (trial court must inquire into defendant’s ability to pay counsel).
- People v. Wood, 91 Ill. App. 3d 414 (1980) (third-party bail typically does not negate indigency).
- People v. Mompier, 276 Ill. App. 3d 393 (1995) (bail deposits are not presumptively defendant’s funds for attorney fees).