Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

725 ILCS 105/10.5

(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.)