2023 Illinois Compiled Statutes › Chapter 725 - CRIMINAL PROCEDURE › 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) (blank);
(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.
(d) (Blank).
(e) The requirement for reporting to the General Assembly shall be
satisfied
by filing copies of the report 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; 100-1148, eff. 12-10-18.)
(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 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. 103-51, eff. 1-1-24.)
(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.)