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)