AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15) and authorized by the State's Attorneys Appellate Service Commission Act (Ill. Rev. Stat. 1983, ch. 14, pars. 201 et seq.).

SOURCE: Adopted and effective April 17, 1978; amended at 2 Ill. Reg. 38, p. 52, effective September 13, 1978; amended at 4 Ill. Reg. 3, p. 38, effective January 8, 1980; amended and codified at 8 Ill. Reg. 18868, effective September 25, 1984; transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666.

SUBPART A: PUBLIC INFORMATION

 

Section 350.100  Public Access to Agency Information

 

a)         All legal documents prepared and filed in the reviewing courts are available to the public upon request, unless otherwise ordered by a court of competent jurisdiction.  Access to legal manuscripts may be obtained provided reasonable notice is given to the Administrative Office.  Copies of legal manuscripts may be obtained although a reasonable fee may be assessed in order to offset reproduction costs.

 

b)         In addition to the legal documents referred to above, all other records of the Commission are available to any person for inspection and copying upon reasonable notice except:

 

1)         A record, or portion thereof, relating solely to the internal personnel rules and practices of the agency.

 

2)         A record, or portion thereof, specially exempted from disclosure by statute.

 

3)         A record, or portion thereof, which is privileged.

 

4)         An intra-agency or inter-agency memorandum or letter that would not be routinely available by law to a private party in litigation.

 

5)         A personnel, medical, or similar record, including a financial record, or any portion thereof, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

 

6)         Investigatory records compiled for law enforcement purposes.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

SUBPART B: RULEMAKING

 

Section 350.200  Rulemaking

 

All rules, regulations and policies of the agency are promulgated by the Board of Commissioners:

 

a)         Rules not involving budget or financial matters

            The Board of Commissioners at any duly convened meeting where a quorum is present may promulgate a rule, regulation or policy affecting the operation of the agency upon the affirmative vote of a majority of the members present.

 

b)         Rules involving budget or financial matters

            The Board of Commissioners at any duly convened meeting where a quorum is present may promulgate a rule, regulation or policy affecting the operation of the agency upon the affirmative vote of a majority of the members.

 

c)         Application of Administrative Procedure Act

            All rules, regulations and policies promulgated by the Board of Commissioners shall be acted upon and adopted in accordance with the Illinois Administrative Procedure Act as now or hereafter amended.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

SUBPART C: ORGANIZATION

 

Section 350.300  Statement of Purpose

 

The State's Attorneys Appellate Service Commission was established in order to:

 

a)         provide appellate assistance in criminal cases to all State's Attorneys in Judicial Districts having less than three (3) million inhabitants;

 

b)         unify and coordinate criminal appellate litigation thereby insuring prompt, fair determination of cases adjudicated in the reviewing court;

 

c)         insure that participating State's Attorneys retain exclusive control over their cases; and

 

d)         provide other related services and programs to State's Attorneys in order to enhance the criminal justice system.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

Section 350.310  Statutory Authority

 

The State's Attorneys Appellate Service Commission was created by an Act approved December 3, 1977 (Ill. Rev. Stat. 1983, ch. 14, pars. 201 et seq.), as amended.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

Section 350.320  Board of Commissioners

 

a)         The Commission is governed by a Board of Commissioners which establishes and promulgates all rules, regulations and procedures for the operation of the Commission offices.

 

b)         The Board of Commissioners consists of 10 State's Attorneys; 2 elected from each of the four Judicial Districts containing less than three (3) million inhabitants; the State's Attorney of Cook County and one State's Attorney to be appointed by the other 9 members.

 

c)         The elected/appointed Commission members' term of office is 12 months, commencing on the 1^st day of July.  The Board of Commissioners is responsible for appointing a Director, establishing and maintaining four district offices, approving an annual budget for the operation of the Commission and submitting an annual report to the General Assembly and the Governor.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

Section 350.330  Participating Counties

 

All Counties in Judicial Districts having less than three (3) million inhabitants are eligible to participate in the State's Attorneys Appellate Service Commission program.  Participation is voluntary.  Counties taking part in the program are collectively responsible for appropriating one-third of the total cost of operating the agency, the remaining two-thirds is allocated from the General Revenue Fund.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

Section 350.340  Agency Structure

 

The State's Attorneys Appellate Service Commission consists of an Administrative Office and four District Offices. They are located as follows:

 

            Administrative Office

151 Bruns Lane, Suite 102

            Springfield, Illinois  62702

(217)  782-1628

 

            Second District Office

            35 Fountain Square Plaza, Suite 204

            Elgin, Illinois  60120

(312)  697-0020

 

            Third District Office

            628 Columbus Street, Suite 402

            Ottawa, Illinois  61350

(815)  434-7010

 

            Fourth District Office

            151 Bruns Lane, Suite 103

            Springfield, Illinois  62702

(217)  782-8076

 

            Fifth District Office

            1907 Broadway

            Mt. Vernon, Illinois  62864

(618)  244-2107

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

Section 350.350  Administrative Office

 

a)         Director

            The Director of the State's Attorneys Appellate Service Commission is appointed by and serves at the pleasure of the Board of Commissioners.  The Director is responsible for carrying out the rules, regulations and policies established by the Board of Commissioners and has a wide range of authority in overseeing Commission employees and supervising the day-to-day activities of the Commission offices.  The Director is authorized to enter into contracts on behalf of the Commission to facilitate the Commission's goals and objectives and to insure efficient and effective agency operation.  The Director is responsible for submitting an annual budget to the Commission for its approval and maintaining a close working relationship with the counties participating in the agency's program.

 

b)         Assistant Director

            The Assistant Director assists the Director in the operation of the Commission offices and its assigned programs and acts for the Director in his absence, sickness or unavailability.  The Assistant Director will also serve as an ex-officio member of the Commission's Legislative and Continuing Legal Education Committees.

 

c)         Legal Program Coordinator

            The Legal Program Coordinator is the editor of the Commission's Newsletter and Uniform Complaint Book.  The Legal Program Coordinator also supervises the semi-annual Trial Advocacy Program and handles special appellate court cases for the Commission.

 

d)         Fiscal Officer

            The Fiscal Officer assists the Director in the preparation of an annual budget.  The Fiscal Officer coordinates all expenditures and vouchering procedures, maintains books of account, prepares financial reports for the Director and Board of Commissioners, maintains liaison with the Comptroller's Office, Department of Central Management Services, Auditor General and other state offices.

 

e)         Deputy Fiscal Officer

            The Deputy Fiscal Officer assists the Fiscal Officer and is responsible for the entering of all payment vouchers, the maintenance of all obligations, and the compilation of all reports required to be submitted to the Comptroller's Office.

 

f)         Investigators

            The Investigators are responsible for all proper investigative activities as assigned by the Assistant Director.  Investigators shall also provide assistance in conducting training programs at the county level.

 

g)         Director's Secretary

            The Director's Secretary is responsible for all Commission payroll and personnel matters and handles all Commission correspondence of a sensitive and confidential nature.  The Director's Secretary serves as secretary to the Board of Commissioners and other Committees as assigned by the Director.

 

h)         Legal Secretaries

            Legal Secretaries are responsible for carrying out all assigned secretarial and clerical duties in the Administrative Office.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)

 

Section 350.360  District Offices

 

a)         Deputy Directors

            Four Deputy Directors are appointed by the Director. Each Deputy Director is responsible for overseeing and supervising an assigned District Office and in carrying out the goals of the Commission.

 

b)         Staff Attorneys

            The Staff Attorneys are responsible for preparing, filing and arguing appellate briefs assigned by the Deputy Director.  The Staff Attorneys are also responsible for performing related prosecutorial tasks assigned by the Director, such as training, advice to State's Attorneys and preparation of legal memoranda.

 

c)         Administrative Secretaries

            An Administrative Secretary is assigned to each District Office.  The Administrative Secretary is responsible for work assigned by the Deputy Director.  In addition, the Administrative Secretary assists the Deputy Director in completing certain administrative functions established by the Administrative Office.

 

d)         Legal Secretaries

            Legal secretaries are responsible for carrying out all assigned secretarial and clerical duties in support of the respective District Office.

 

(Source:  transferred from 2 Ill. Adm. Code 300 (State's Attorney Appellate Service Commission) to 2 Ill. Adm. Code 350 Office of the State's Attorneys Appellate Prosecutor) pursuant to Section 7(e) of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1007(e)) and the State's Attorneys Appellate Prosecutor's Act (Ill. Rev. Stat. 1985 ch. 14, par. 201 et seq.) at 11 Ill. Reg. 1666)










Section 350.APPENDIX A   Organizational Chart

 



 

(Source:  Amended at 8 Ill. Reg. 18868, effective September 25. 1984)