2 Ill. Adm. Code 500.40
Powers and Duties of the State Appellate Defender
Section 500.40 Powers and Duties of the 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 Illinois.
(Section 10(a) of the Act)
b)
The
State Appellate Defender shall submit a budget for approval by the State
Appellate Defender Commission.
(Section 10(b) of the Act)
c) The State Appellate
Defender may:
1)
Maintain
a panel of private attorneys to serve as counsel on a case basis. The State
Appellate Defender may also, by competitive bid, contract for the services of
attorneys in non-death penalty criminal appeals.
2)
Establish
programs, alone or in conjunction with law schools, to utilize 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 the assistance of expert witnesses, investigators and mitigation
specialists from funds appropriated to the State Appellate Defender
specifically for that purpose. The Office shall not be appointed to serve as
trial counsel in capital cases.
6)
Develop a Juvenile Defender Resource Center to:
A)
study, design, develop and implement model
systems for the delivery of trial level defender services for juveniles in the
justice system;
B)
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 specifically for that purpose;
C)
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.
(Sections 10(c) and 10.5(a) of the Act)