ILCS » Chapter 725 · Act 105
Illinois Compiled Statutes

725 ILCS 105/10 (2026)

Powers and duties of State Appellate Defender

✓ current as of May 2026
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(725 ILCS 105/10) (from Ch. 38, par. 208-10)
    Sec. 10. Powers and duties of 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 this State.
    (b) The State Appellate Defender shall submit a budget for the approval of the State Appellate Defender Commission.
    (c) The State Appellate Defender may:
        (1) maintain a panel of private attorneys available
    
to serve as counsel on a case basis;
        (2) establish programs, alone or in conjunction with
    
law schools, for the purpose of utilizing 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) (blank);
        (5.5) provide training to county public defenders;
        (5.7) provide county public defenders with the
    
assistance of expert witnesses and investigators from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. The Office of the State Appellate Defender shall not be appointed to act as trial counsel;
        (6) develop a Juvenile Defender Resource Center to:
    
(i) study, design, develop, and implement model systems for the delivery of trial level defender services for juveniles in the justice system; (ii) 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 to the Office of the State Appellate Defender by the General Assembly specifically for that purpose; (iii) 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; and (iv) make an annual report to the General Assembly.
    (d) (Blank).
    (e) The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)

    
Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 1998–2026 · leading case: People v. Urdiales, 871 N.E.2d 669 (Ill. 2007).
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People v. Urdiales, 871 N.E.2d 669 (Ill. 2007). · cites it 14× “" Moreover, defendant submits that the court excluded Sincox because the court "objected to his demeanor" and the court had "no inherent authority to discipline" Sincox in that manner.”
Am. Fed'n of State v. Illinois State Labor Relations Bd., 775 N.E.2d 1029 (Ill. App. Ct. 2002). · cites it 2× “725 ILCS 105/10 (West 2000). Thus, under the State Appellate Defender Act, the assistant appellate defenders work on behalf of the State Appellate Defender, *1036 assist him in carrying out the mission of the office, and act as his surrogate when in court representing clients of…”
Alexander v. Pearson, 821 N.E.2d 728 (Ill. App. Ct. 2004). · cites it 2× “” 725 ILCS 105/10(a) (West 2002). The SAD also contends that this appeal should be dismissed as moot because the sole substantive issue—plaintiffs Apprendi claim—was fully addressed in this court’s recent decision in Alexander, No.”
People v. D'Alise, 2022 IL App (2d) 210541 (Ill. App. Ct. 2022). “See 725 ILCS 105/10(a) (West 2020) (“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 this State.”
People v. K.M. (In Re K.M.), 2018 IL App (1st) 172349 (Ill. App. Ct. 2018). “See 725 ILCS 105/10(a) (West 2016). ¶ 73 Sure, it would be great if an unrepresented, indigent juvenile such as the one before us, a 17-year-old special education student, had the wherewithal to assert his rights by returning to the juvenile court-perhaps even asking the Public…”
People v. Cole, 701 N.E.2d 821 (Ill. App. Ct. 1998). “OSAD made its motion on the premise that section 10 of the State Appellate Defender Act (725 ILCS 105/10 (West 1996)) does not permit OSAD to represent clients in civil matters, such as those under review here (725 ILCS 205/3.”
In re K.M., 2018 IL App (1st) 172349 (Ill. App. Ct. 2019). “See 725 ILCS 105/10(a) (West 2016). ¶ 73 Sure, it would be great if an unrepresented, indigent juvenile such as the one before us, a 17-year-old special education student, had the wherewithal to assert his rights by returning to the juvenile court—perhaps even asking the public…”
People v. Buchanan, 2019 IL App (2d) 180194 (Ill. App. Ct. 2019). “Section 10(a) of the State Appellate Defender Act (725 ILCS 105/10(a) (West 2016)) “clearly limits appointment of [OSAD] to appeals from criminal and delinquent minor proceedings” (Alexander v.”
People v. Smith, 2023 IL App (4th) 220943-U (Ill. App. Ct. 2023). “SAD’s motion and affirming the trial court’s judgment, two of the justices on the Buchanan court, in dicta, “hasten[ed] to add” that OSAD should have moved to withdraw on the basis that the trial court lacked authority to appoint it to an appeal from the dismissal of a section…”
People v. Pettis, 2023 IL App (1st) 200448-U (Ill. App. Ct. 2023). “According to the State Appellate Defender Act, “[t]he 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 this State” (725 ILCS 105/10(a) (West…”
People v. Urdiales (Ill. 2007). · cites it 7× “” Moreover, defendant submits that the court excluded Sincox because the court “objected to his demeanor” and the court had “no inherent authority to discipline” Sincox in that manner. We begin this portion of our analysis with a review of the pertinent statutes.”
Alexander v. Pearson (Ill. App. Ct. 2004). · cites it 2× “" 725 ILCS 105/10(a) (West 2002). The SAD also contends that this appeal should be dismissed as moot because the sole substantive issue -- plaintiff's Apprendi claim -- was fully addressed in this court's recent decision in Alexander , No.”
Show all 19 citing cases →
— 725 ILCS 105/10(a) — 13 cases
People v. Urdiales, 871 N.E.2d 669 (Ill. 2007). “" Moreover, defendant submits that the court excluded Sincox because the court "objected to his demeanor" and the court had "no inherent authority to discipline" Sincox in that manner.”
Alexander v. Pearson, 821 N.E.2d 728 (Ill. App. Ct. 2004). “” 725 ILCS 105/10(a) (West 2002). The SAD also contends that this appeal should be dismissed as moot because the sole substantive issue—plaintiffs Apprendi claim—was fully addressed in this court’s recent decision in Alexander, No.”
People v. D'Alise, 2022 IL App (2d) 210541 (Ill. App. Ct. 2022). “See 725 ILCS 105/10(a) (West 2020) (“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 this State.”
People v. K.M. (In Re K.M.), 2018 IL App (1st) 172349 (Ill. App. Ct. 2018). “See 725 ILCS 105/10(a) (West 2016). ¶ 73 Sure, it would be great if an unrepresented, indigent juvenile such as the one before us, a 17-year-old special education student, had the wherewithal to assert his rights by returning to the juvenile court-perhaps even asking the Public…”
In re K.M., 2018 IL App (1st) 172349 (Ill. App. Ct. 2019). “See 725 ILCS 105/10(a) (West 2016). ¶ 73 Sure, it would be great if an unrepresented, indigent juvenile such as the one before us, a 17-year-old special education student, had the wherewithal to assert his rights by returning to the juvenile court—perhaps even asking the public…”
— 725 ILCS 105/10(c)(5) — 2 cases
People v. Urdiales, 871 N.E.2d 669 (Ill. 2007). “" Moreover, defendant submits that the court excluded Sincox because the court "objected to his demeanor" and the court had "no inherent authority to discipline" Sincox in that manner.”
People v. Urdiales (Ill. 2007). “” Moreover, defendant submits that the court excluded Sincox because the court “objected to his demeanor” and the court had “no inherent authority to discipline” Sincox in that manner. We begin this portion of our analysis with a review of the pertinent statutes.”
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