(725 ILCS 105/9)
(from Ch. 38, par. 208-9)
Organization of office.
(a) The State Appellate Defender shall establish an office in each
(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 105/10)
(from Ch. 38, par. 208-10)
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;
(5.5) provide training to county public defenders;
(5.7) provide county public defenders with the
assistance of expert witnesses and investigators from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. The Office of the State Appellate Defender shall not be appointed to act as trial counsel;
(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.
(e) The requirement for reporting to the General Assembly shall be
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. 99-78, eff. 7-20-15.)
(725 ILCS 105/10.6)
(a) The State Appellate Defender shall establish, maintain, and carry out an
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
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
(3) The criminal offenses that may be expunged;
(4) The steps necessary to initiate and complete the
(5) Directions on how to contact the State Appellate
(c) The State Appellate Defender shall establish and maintain a statewide
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
to assist eligible individuals through the expungement process.
(e) This Section shall be implemented from funds appropriated by the General
Assembly to the State
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.)