Section 500.20  Office of the State Appellate Defender

a)         Creation of the Office

The Office of the State Appellate Defender is created by Section 3 of the State Appellate Defender Act.

b)         The State Appellate Defender

1)         Appointment of the State Appellate Defender

A)        The Illinois Supreme Court, by a majority vote, shall appoint the State Appellate Defender to serve a term of four years and until his or her successor is appointed and qualified.  (Section 5(a) of the Act)

B)         The State Appellate Defender must be an attorney licensed to practice law in Illinois and shall devote full time to the duties of the office.  The person appointed as State Appellate Defender shall not engage in the private practice of law while holding that position. (Section 5(a) of the Act)

2)         Removal of the State Appellate Defender

The Supreme Court may remove the State Appellate Defender only for cause and after a hearing. The Supreme Court may hold a hearing for this purpose on its own motion or upon a motion by the Commission and may adopt rules establishing other procedures for the hearing. (Section 5(b) of the Act)

c)         Organization of the Office of the State Appellate Defender

1)         District Offices

The State Appellate Defender shall establish an office in each judicial district. (Section 9(a) of the Act)  The State Appellate Defender may establish other offices to aid in the discharge of his or her duties.

2)         Deputy Defenders

A)        The State Appellate Defender shall appoint a Deputy Defender for each district. Deputy Defenders shall serve at the pleasure of the State Appellate Defender.

B)         The District Deputy Defender shall serve as the administrator of the district office.  Each appointment of a Deputy Defender must be approved by a majority of the appellate court judges of the judicial district and must be an attorney licensed to practice law in Illinois.

C)         Deputy Defenders shall employ, with the approval of the State Appellate Defender, Assistant Appellate Defenders, investigators, clerical and other employees under their direct supervision. District Office personnel include Supreme Court Unit, Capital Post Conviction Unit and Capital Trial Assistance Unit employees.

D)        Attorneys employed by a Deputy Defender shall devote full time to their duties and may not engage in the private practice of law. (Section 9(b), (d) and (e) of the Act)

3)         Staff of the Office of the State Appellate Defender

A)        The staff of the State Appellate Defender may consist of additional attorneys licensed to practice law in Illinois who serve as Assistant Appellate Defenders.  Attorneys employed by the State Appellate Defender shall devote full time to their duties and may not engage in the private practice of law.

B)         The State Appellate Defender may appoint administrative, investigative and clerical employees necessary to discharge the duties of the Office.  (Section 9(c) of the Act)  These Office personnel may include Deputy State Appellate Defenders, Deputy Defenders and Assistant Defenders in non-District offices, and the Chief Fiscal Officer/Human Resources Director, Legislative Liaison, Information Technology Directory, Director of Support Services, Senior Administrative Assistant and Expungement Staff (see Subpart D).