ILCS » Chapter 725 · Act 210
Illinois Compiled Statutes

725 ILCS 210/4.01 (2026)

(a) The Office and all attorneys employed thereby may represent the People of the State of Illinois on appeal in all cases which emanate from a county containing less than 3,000,000 inhabitants, when requested to do so and at the direction of the State's Attorney, otherwise responsible for prosecuting the appeal, and may, with the advice and consent of the State's Attorney prepare, file and argue such appellate briefs in the Illinois Appellate Court and, when requested and authorized to do so by the Attorney General, in the Illinois Supreme Court

✓ current as of May 2026
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(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
    Sec. 4.01. (a) The Office and all attorneys employed thereby may represent the People of the State of Illinois on appeal in all cases which emanate from a county containing less than 3,000,000 inhabitants, when requested to do so and at the direction of the State's Attorney, otherwise responsible for prosecuting the appeal, and may, with the advice and consent of the State's Attorney prepare, file and argue such appellate briefs in the Illinois Appellate Court and, when requested and authorized to do so by the Attorney General, in the Illinois Supreme Court.
    (b) Notwithstanding the population restriction contained in subsection (a), the Office may also assist County State's Attorneys in the discharge of their duties under the Illinois Controlled Substances Act, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, the Drug Asset Forfeiture Procedure Act, the Narcotics Profit Forfeiture Act, and the Illinois Public Labor Relations Act, including negotiations conducted on behalf of a county or pursuant to an intergovernmental agreement as well as in the trial and appeal of said cases and of tax objections, and the counties which use services relating to labor relations shall reimburse the Office on pro-rated shares as determined by the board based upon the population and number of labor relations cases of the participating counties. In addition, the Office and all attorneys employed by the Office may also assist State's Attorneys in the discharge of their duties in the prosecution, trial, or hearing on post-conviction of other cases when requested to do so by, and at the direction of, the State's Attorney otherwise responsible for the case. In addition, the Office and all attorneys employed by the Office may act as Special Prosecutor if duly appointed to do so by a court having jurisdiction. To be effective, the order appointing the Office or its attorneys as Special Prosecutor must (i) identify the case and its subject matter and (ii) state that the Special Prosecutor serves at the pleasure of the Attorney General, who may substitute himself or herself as the Special Prosecutor when, in his or her judgment, the interest of the people of the State so requires. Within 5 days after receiving a copy of an order from the court appointing the Office or any of its attorneys as a Special Prosecutor, the Office must forward a copy of the order to the Springfield office of the Attorney General.
(Source: P.A. 100-319, eff. 8-24-17.)

    
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 2002–2024 · leading case: People v. Woodall, 777 N.E.2d 1014 (Ill. App. Ct. 2002).
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People v. Woodall, 777 N.E.2d 1014 (Ill. App. Ct. 2002). · cites it 6× “July 16, 2002 (amending 725 ILCS 210/ 4.01 (West 2000)). The earlier version of the statute, and the powers that it conveyed at the time of the defendant’s trial, fuels the argument.”
People v. Kitch, 942 N.E.2d 1235 (Ill. 2011). “725 ILCS 210/4.01 (West 2008). Once taking on this representation, SAAP attorneys may prepare, file and argue briefs in the appellate court “with the advice and consent of the State’s Attorney.”
People v. Ward, 762 N.E.2d 685 (Ill. App. Ct. 2002). · cites it 2× “01 of the State’s Attorneys Appellate Prosecutor’s Act (Act) (725 ILCS 210/4.01 (West 1998)) provides specific instances in which attorneys employed by the State’s Attorneys Appellate Prosecutor’s office may represent the State, with the most obvious instance being when a case…”
People v. Jennings, 798 N.E.2d 1211 (Ill. App. Ct. 2003). · cites it 2× “01 of the State’s Attorneys Appellate Prosecutor’s Act (Act) (725 ILCS 210/4.01 (West 2002)) provides the scope of authority for those instances in which attorneys employed by the appellate prosecutor’s office may represent the People of the State of Illinois.”
Nelson v. Cnty. of Kendall, 2013 IL App (2d) 120635 (Ill. App. Ct. 2013). “725 ILCS 210/4.01 (West 2010). At the very least, this means that the legislature’s use of the term “judicial” is broader than the term “judicial power,” which our supreme court has defined as “ ‘the power which adjudicates upon the rights of citizens and to that end construes…”
People v. Clark, 935 N.E.2d 1147 (Ill. App. Ct. 2010). “01 of the State’s Attorneys Appellate Prosecutor’s Act (the Act) (725 ILCS 210/ 4.01 (West 2008)), which reads, as pertinent here: “The Office and all attorneys employed thereby may represent the People of the State of Illinois on appeal in all cases which emanate from a county…”
People v. Heinz, 946 N.E.2d 1087 (Ill. App. Ct. 2011). “” 725 ILCS 210/ 4.01 (West 2008). Under this statute, a State’s Attorney retains a central role in an appeal even where he uses SAAP’s services, and SAAP attorneys may prepare, file, and argue briefs in the appellate court with the advice and consent of the State’s Attorney.”
Uphoff v. Grosskopf, 2013 IL App (4th) 130422 (Ill. App. Ct. 2014). “725 ILCS 210/4.01 (West 2012). ¶ 24 Since the SAAP Act was passed 36 years ago, it was amended three times before 2010.”
People v. Ward, 2024 IL App (2d) 190243-U (Ill. App. Ct. 2024). “” 725 ILCS 210/4.01 (West 2020). ¶ 65 Defendant does not dispute that SAAP had the authority and was responsible for prosecuting this appeal.”
People v. Woodall Corrected Opinion 10/2/02 (Ill. App. Ct. 2002). · cites it 5× “July 16, 2002 (amending 725 ILCS 210/4.01 (West 2000)). The earlier version of the statute, and the powers that it conveyed at the time of the defendant's trial, fuels the argument.”
People v. Cichon, 820 N.E.2d 1177 (Ill. App. Ct. 2004). · cites it 3× “Though subsequently amended to provide broader authority to SAAP attorneys (see 725 ILCS 210/4.01 (West 2002)), at the time of the defendant’s trial that section provided only that “[t]he [SAAP] may also assist County State’s Attorneys in the discharge of their duties under the…”
People v. Ward (Ill. App. Ct. 2002). · cites it 2× “01 of the State's Attorneys Appellate Prosecutor's Act (Act) (725 ILCS 210/4.01 (West 1998)) provides specific instances in which attorneys employed by the State's Attorneys Appellate Prosecutor's office may represent the State, with the most obvious instance being when a case…”
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