Find Legal Information

725 ILCS 105/ State Appellate Defender Act.

(725 ILCS 105/1) (from Ch. 38, par. 208‑1)     Sec. 1. Short title.     This Act may be cited as the "State Appellate Defender Act". (Source: P.A. 77‑2633.)

(725 ILCS 105/2) (from Ch. 38, par. 208‑2)     Sec. 2. Definitions.     In this Act, unless the context clearly requires a different meaning, the following definitions apply:     (1) "Commission" means the State Appellate Defender Commission; and     (2) "State Appellate Defender", when used with reference to representation under this Act, includes Deputy Defender and Assistant Appellate Defender. (Source: P. A. 77‑2633.)

(725 ILCS 105/3) (from Ch. 38, par. 208‑3)     Sec. 3. Creation of office.     There is created the office of State Appellate Defender as an agency of state government. (Source: P. A. 77‑2633.)

(725 ILCS 105/4) (from Ch. 38, par. 208‑4)     Sec. 4. Commission.     (a) There is created the State Appellate Defender Commission, to consist of 9 members appointed as follows:     (1) A chairman appointed by the Governor;     (2) One member appointed by the Supreme Court;     (3) One member appointed by each of the 5 Appellate Courts;     (4) One member appointed by the Supreme Court from a panel of 3 persons nominated by the Illinois State Bar Association;     (5) One member appointed by the Governor from a panel of 3 persons nominated by the Illinois Public Defender Association.     All appointments shall be filed with the Secretary of State by the appointing authority. The terms of the original members shall be as follows:     One one year term and until a successor is appointed and qualified;     One 2 year term and until a successor is appointed and qualified;     One 3 year term and until a successor is appointed and qualified;     2 4 year terms and until a successor is appointed and qualified;     2 5 year terms and until a successor is appointed and qualified;     2 6 year terms and until a successor is appointed and qualified. Thereafter all terms shall be for 6 years and until a successor is appointed and qualified. The Chairman, at the first meeting of the Commission, shall conduct a drawing by lot to determine the length of each original member's term.     (b) No member may serve more than one full 6 year term. Vacancies in the membership of the commission are filled in the same manner as original appointments. Appointment to fill vacancies occurring before the expiration of a term are for the remainder of the unexpired term.     (c) Members of the commission shall elect a vice‑chairman and secretary from the membership of the commission. The commission shall meet once every six months. The chairman shall determine the time and place of meetings. Additional meetings may be held upon petition to the chairman by four or more members of the commission or upon the call of the Chairman after seven days written notice to the members.     (d) Members of the commission are not entitled to receive compensation. Members of the commission shall receive reimbursement for actual expenses incurred in the performance of their duties.     (e) Four members of the commission constitutes a quorum. (Source: P.A. 77‑2633.)

(725 ILCS 105/5) (from Ch. 38, par. 208‑5)     Sec. 5. Powers of Supreme Court.     (a) The Supreme Court shall by a vote of a majority of the judges thereof appoint the State Appellate Defender for a four‑year term and until his successor is appointed and qualified. No person may be appointed to or hold the office of State Appellate Defender who is not an attorney licensed to practice law in this state. The State Appellate Defender shall devote full time to the duties of his office and may not engage in the private practice of law.     (b) The Supreme Court may remove the State Appellate Defender only for cause and after a hearing. The Supreme Court may hold such hearing on its own motion or upon a motion by the commission and may adopt rules establishing other procedures for such hearing. (Source: P. A. 77‑2633.)

(725 ILCS 105/6) (from Ch. 38, par. 208‑6)     Sec. 6. Powers and Duties of Commission.     (a) The commission shall advise the State Appellate Defender and may, subject to rules of the Supreme Court, recommend policies for the operation of the office of State Appellate Defender.     (b) The commission shall approve or modify an operational budget submitted to it by the State Appellate Defender and set the number of employees each year.     (c) The commission may recommend to the Supreme Court the removal of the State Appellate Defender if the commission has reasonable grounds for making such recommendation.     (d) The commission shall exercise such other powers and duties as the Supreme Court by rule may provide.     (e) The State Appellate Defender shall submit reports to the commission on the operation of his office at each semi‑annual meeting. He shall submit a comprehensive report to the commission at the end of each fiscal year. The commission may require the State Appellate Defender to submit additional or amended reports on any phase of the operation of his office. (Source: P. A. 77‑2633.)

(725 ILCS 105/7) (from Ch. 38, par. 208‑7)     Sec. 7. Oath of office.     The State Appellate Defender shall take the oath of office provided by law before entering into the duties of his office. (Source: P. A. 77‑2633.)

(725 ILCS 105/8) (from Ch. 38, par. 208‑8)     Sec. 8. Salary.     The State Appellate Defender is entitled to receive an annual salary of not less than $30,000.00 per year. (Source: P. A. 77‑2633.)

(725 ILCS 105/9) (from Ch. 38, par. 208‑9)     Sec. 9. Organization of office. (a) The State Appellate Defender shall establish an office in each judicial district.     (b) The State Appellate Defender shall appoint a deputy defender for each judicial district who shall serve as the administrator of the district office. Each such appointment shall be approved by a majority of the appellate court judges of the judicial district. Each deputy defender must be an attorney licensed to practice law in this state. Deputy defenders shall serve at the pleasure of the State Appellate Defender.     (c) The staff of the State Appellate Defender may consist of additional attorneys licensed to practice law in this state to serve as assistant appellate defenders, and administrative, investigative, secretarial, and clerical employees necessary to discharge the duties of the office.     (d) Deputy Defenders shall employ, with the approval of the State Appellate Defender, assistant appellate defenders, investigators, secretaries, clerks, and other employees under their direct supervision.     (e) Attorneys employed by the State Appellate Defender or by a Deputy Defender shall devote full time to their duties, except as provided in Section 9.1, and may not engage in the private practice of law.     (f) The State Appellate Defender shall establish and supervise training programs for his employees.     (g) The State Appellate Defender shall promulgate regulations, instructions, and orders, consistent with this Act, further defining the organization of his office and the duties of his employees. (Source: P.A. 83‑771.)

    (725 ILCS 105/9.1)(from Ch. 38, par. 208‑9.1)
    Sec. 9.1. Individuals may share one attorney or staff position. For purposes of this Section, "shared position" means a position in which individuals share the salary and employee benefits. For purposes of seniority, each individual shall receive credit at a rate equal to the percentage of time employed in a shared position. Attorneys sharing a position may not engage in the private practice of law.
(Source: P.A. 96‑1148, eff. 7‑21‑10.)

    (725 ILCS 105/10)(from Ch. 38, par. 208‑10)
    Sec. 10. Powers and duties of State Appellate Defender.
    (a) The State Appellate Defender shall represent indigent persons on appeal in criminal and delinquent minor proceedings, when appointed to do so by a court under a Supreme Court Rule or law of this State.
    (b) The State Appellate Defender shall submit a budget for the approval of the State Appellate Defender Commission.
    (c) The State Appellate Defender may:
        (1) maintain a panel of private attorneys available

to serve as counsel on a case basis;

(2) establish programs, alone or in conjunction with

law schools, for the purpose of utilizing volunteer law students as legal assistants;

(3) cooperate and consult with state agencies,

professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and correction of persons charged with and convicted of crime, the administration of criminal justice, and, in counties of less than 1,000,000 population, study, design, develop and implement model systems for the delivery of trial level defender services, and make an annual report to the General Assembly;

(4) hire investigators to provide investigative

services to appointed counsel and county public defenders;

(5) in cases in which a death sentence is an

authorized disposition, provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. The Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases;

(6) develop a Juvenile Defender Resource Center to:

(i) study, design, develop, and implement model systems for the delivery of trial level defender services for juveniles in the justice system; (ii) in cases in which a sentence of incarceration or an adult sentence, or both, is an authorized disposition, provide trial counsel with legal advice and the assistance of expert witnesses and investigators from funds appropriated to the Office of the State Appellate Defender by the General Assembly specifically for that purpose; (iii) develop and provide training to public defenders on juvenile justice issues, utilizing resources including the State and local bar associations, the Illinois Public Defender Association, law schools, the Midwest Juvenile Defender Center, and pro bono efforts by law firms; and (iv) make an annual report to the General Assembly.

Investigators employed by the Capital Trial Assistance Unit and Capital Post Conviction Unit of the State Appellate Defender shall be authorized to inquire through the Illinois State Police or local law enforcement with the Law Enforcement Agencies Data System (LEADS) under Section 2605‑375 of the Civil Administrative Code of Illinois to ascertain whether their potential witnesses have a criminal background, including: (i) warrants; (ii) arrests; (iii) convictions; and (iv) officer safety information. This authorization applies only to information held on the State level and shall be used only to protect the personal safety of the investigators. Any information that is obtained through this inquiry may not be disclosed by the investigators.     (d) For each State fiscal year, the State Appellate Defender shall request a direct appropriation from the Capital Litigation Trust Fund for expenses incurred by the State Appellate Defender in providing assistance to trial attorneys under item (c)(5) of this Section and for expenses incurred by the State Appellate Defender in representing petitioners in capital cases in post‑conviction proceedings under Article 122 of the Code of Criminal Procedure of 1963 and in relation to petitions filed under Section 2‑1401 of the Code of Civil Procedure in relation to capital cases and for the representation of those petitioners by attorneys approved by or contracted with the State Appellate Defender and an appropriation to the State Treasurer for payments from the Trust Fund for the defense of cases in counties other than Cook County. The State Appellate Defender may appear before the General Assembly at other times during the State's fiscal year to request supplemental appropriations from the Trust Fund to the State Treasurer.     (e) The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act. (Source: P.A. 95‑376, eff. 1‑1‑08; 96‑1148, eff. 7‑21‑10.)

(725 ILCS 105/10.5)     Sec. 10.5. Competitive bidding for appellate services.     (a) The State Appellate Defender may, to the extent necessary to dispose of its backlog of indigent criminal appeals, institute a competitive bidding program under which contracts for the services of attorneys in non‑death penalty criminal appeals are awarded to the lowest responsible bidder.     (b) The State Appellate Defender, before letting out bids for contracts for the services of attorneys to represent indigent defendants on appeal in criminal cases, shall advertise the letting of the bids in a publication or publications of the Illinois State Bar Association, the Chicago Daily Law Bulletin, and the Chicago Lawyer. The State Appellate Defender shall also advertise the letting of the bids in newspapers of general circulation in major municipalities to be determined by the State Appellate Defender. The State Appellate Defender shall mail notices of the letting of the bids to county and local bar associations.     (c) Bids may be let in packages of one to 5, appeals. Additional cases may be assigned, in the discretion of the State Appellate Defender, after a successful bidder completes work on existing packages.     (d) A bid for services of an attorney under this Section shall be let only to an attorney licensed to practice law in Illinois who has prior criminal appellate experience or to an attorney who is a member or employee of a law firm which has at least one member with that experience. Prospective bidders must furnish legal writing samples that are deemed acceptable to the State Appellate Defender.     (e) An attorney who is awarded a contract under this Section shall communicate with each of his or her clients and shall file each initial brief before the due date established by Supreme Court Rule or by the Appellate Court. The State Appellate Defender may rescind the contract for attorney services and may require the return of the record on appeal if the contracted attorney fails to make satisfactory progress, in the opinion of the State Appellate Defender, toward filing a brief.     (f) Gross compensation for completing of a case shall be $40 per hour but shall not exceed $2,000 per case. The contract shall specify the manner of payment.     (g) (Blank).     (h) (Blank). (Source: P.A. 89‑689, eff. 12‑31‑96; 90‑505, eff. 8‑19‑97.)

(725 ILCS 105/10.6)     Sec. 10.6. Expungement program.     (a) The State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information to persons eligible to have their arrest or criminal history record information ordered expunged, sealed, or impounded.     (b) The State Appellate Defender shall develop brochures, pamphlets, and other materials in printed form and through the agency's World Wide Web site. The pamphlets and other materials shall include at a minimum the following information:         (1) An explanation of the State's expungement

process;

(2) The circumstances under which expungement may

occur;

(3) The criminal offenses that may be expunged;         (4) The steps necessary to initiate and complete the

expungement process; and

(5) Directions on how to contact the State Appellate

Defender.

(c) The State Appellate Defender shall establish and maintain a statewide toll‑free telephone number that a person may use to receive information or assistance concerning the expungement or sealing of arrest or criminal history record information. The State Appellate Defender shall advertise the toll‑free telephone number statewide. The State Appellate Defender shall develop an expungement information packet that may be sent to eligible persons seeking expungement of their arrest records, which may include, but is not limited to, a pre‑printed expungement petition with instructions on how to complete the petition and a pamphlet containing information that would assist individuals through the expungement process.     (d) The State Appellate Defender shall compile a statewide list of volunteer attorneys willing to assist eligible individuals through the expungement process.     (e) This Section shall be implemented from funds appropriated by the General Assembly to the State Appellate Defender for this purpose. The State Appellate Defender shall employ the necessary staff and adopt the necessary rules for implementation of this Section. (Source: P.A. 93‑210, eff. 7‑18‑03.)

(725 ILCS 105/11) (from Ch. 38, par. 208‑11)     Sec. 11. Recovery of funds.     (a) The State Appellate Defender may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance under this Act, to which he was not entitled and for which he refuses to pay or reimburse. Suit must be brought within three (3) years from the date the aid was received.     (b) Amounts recovered under this section are paid into the state general fund. (Source: P. A. 77‑2633.)