ILCS » Chapter 725 · Act 210
Illinois Compiled Statutes

725 ILCS 210/3 (2026)

There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government

✓ current as of May 2026
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(725 ILCS 210/3) (from Ch. 14, par. 203)
    Sec. 3. There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government.
    (a) The Office of the State's Attorneys Appellate Prosecutor shall be governed by a board of governors which shall consist of 10 members as follows:
        (1) Eight State's Attorneys, 2 to be elected from
    
each District containing less than 3,000,000 inhabitants;
        (2) The State's Attorney of Cook County or his or her
    
designee; and
        (3) One State's Attorney to be bi-annually appointed
    
by the other 9 members.
    (b) Voting for elected members shall be by District with each of the State's Attorneys voting from their respective district. Each board member must be duly elected or appointed and serving as State's Attorney in the district from which he was elected or appointed.
    (c) Elected members shall serve for a term of 2 years commencing upon their election and until their successors are duly elected or appointed and qualified.
    (d) A bi-annual election of members of the board shall be held within 30 days prior or subsequent to the beginning of each odd numbered calendar year, and the board shall certify the results to the Secretary of State.
    (e) The board shall promulgate rules of procedure for the election of its members and the conduct of its meetings and shall elect a Chairman and a Vice-Chairman and such other officers as it deems appropriate. The board shall meet at least once every 6 months, and in addition thereto as directed by the Chairman, or upon the special call of any 5 members of the board, in writing, sent to the Chairman, designating the time and place of the meeting.
    (f) Five members of the board shall constitute a quorum for the purpose of transacting business.
    (g) Members of the board shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
    (h) A position shall be vacated by either a member's resignation, removal or inability to serve as State's Attorney.
    (i) Vacancies on the board of elected members shall be filled within 90 days of the occurrence of the vacancy by a special election held by the State's Attorneys in the district where the vacancy occurred. Vacancies on the board of the appointed member shall be filled within 90 days of the occurrence of the vacancy by a special election by the members. In the case of a special election, the tabulation and certification of the results may be conducted at any regularly scheduled quarterly or special meeting called for that purpose. A member elected or appointed to fill such position shall serve for the unexpired term of the member whom he is succeeding. Any member may be re-elected or re-appointed for additional terms.
(Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21; 103-811, eff. 8-9-24.)

    
Notes of Decisions
Cited in 3 cases, 2014–2014 · leading case: Nelson v. The Cnty. of Kendall, 2014 IL 116303 (Ill. 2014).
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Nelson v. The Cnty. of Kendall, 2014 IL 116303 (Ill. 2014). “May 28, 2010), which amended section 3 of the State’s Attorneys Appellate Prosecutor’s Act (725 ILCS 210/3 (West 2012)) to state that the office of the State’s Attorneys Appellate Prosecutor was “a judicial agency of state government” rather than simply “an agency of state…”
Nelson v. Kendall Cnty., 2014 IL 116303 (Ill. 2014). “May 28, 2010), which amended section 3 of the State’s Attorneys Appellate Prosecutor’s Act (725 ILCS 210/3 (West 2012)) to state that the office of the State’s Attorneys Appellate Prosecutor was “a judicial agency of state government” rather than simply “an agency of state…”
Uphoff v. Grosskopf, 2013 IL App (4th) 130422 (Ill. App. Ct. 2014). · cites it 3× “” 725 ILCS 210/3 (West 2008). That sentence appeared in the original SAAP Act as enacted in 1977 and remained unchanged until 2010.”
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