Short title
Short title. This Act may be cited as the "State Appellate Defender Act". (Source: P.A. 77-2633.)
Illinois · statute · 725 ILCS 105 · 14 active provisions
Short title. This Act may be cited as the "State Appellate Defender Act". (Source: P.A. 77-2633.)
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 Appell…
Creation of office. There is created the office of State Appellate Defender as an agency of state government. (Source: P.A. 77-2633.)
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…
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…
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 Appe…
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.)
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.)
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…
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. Att…
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 appr…
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.…
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, p…
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…