1. To represent the People of the State of Illinois on appeal in all cases which emanate from a District containing less than 3,000,000 inhabitants, when requested to do so and at the direction of the State's Attorney;

2. To prepare, file, and argue such appellate briefs in the Illinois Appellate Court with the advice and consent of the State's Attorney;

3. To assist State's Attorneys in the discharge of their duties under the Illinois Controlled Substances Act, the Drug Asset Forfeiture Procedure Act, the Narcotics Profit Forfeiture Act, and the Illinois Public Labor Relations Act;

4. To assist State's Attorneys in the trial and appeal of tax objection cases;

5. To provide prosecution assistance and investigation services in criminal cases to staff attorneys and State's Attorneys;

6. To conduct training programs for State's Attorneys and law enforcement personnel including programs to reduce trauma for child witnesses in criminal proceedings.

7. To provide a legal intern program.

The State's Attorneys retain exclusive control of appeals originating in their respective counties as well as the authority to control all documents in each individual case. The Agency files no documents in the reviewing courts until they are approved by the State's Attorneys otherwise responsible for prosecuting the appeal.

The participation of the State's Attorney in the program is completely voluntary. Counties that agree to participate are required to collectively finance one-third of the total appropriation approved by the General Assembly and the Governor with the exception of personal services expenses of the collective bargaining unit. The remaining two-thirds of the Agency's budget and 100% of the Collective Bargaining staff are appropriated from General Revenue Funds. Each county's portion is determined annually by the Agency and is based on population. During FY03, all 101 eligible counties participated in the program.

The Agency is governed by a Board of Governors consisting of ten State's Attorneys. The Cook County State's Attorney is a permanent member by statute; eight State's Attorneys are elected annually; and the tenth member is appointed each year by the other nine members.

Four District Offices have been established. They are located in Elgin (Second District), Ottawa (Third District), Springfield (Fourth District), and Mt. Vernon (Fifth District). Each Office is managed by a Deputy Director who supervises a staff of attorneys and clerical personnel. The Director is responsible for the overall supervision and coordination of the Agency and for providing all administrative services.

In addition to the primary duties of preparing, filing, and arguing appellate briefs, the Agency provides numerous other services to State's Attorneys and law enforcement personnel. Each District Office maintains a brief bank as a ready reference source for staff attorneys as well as for State's Attorneys and their assistants who seek legal advice.

On January 1, 1980, the Agency was given authority to provide investigative services in criminal appeals and tax objection cases for staff attorneys and State's Attorneys. The Agency offers such services at no charge to the counties with the exception of extraordinary expenses.

Effective August 9, 1981, the Agency's authorization was expanded to represent the People of the State of Illinois on appeal in juvenile cases, paternity cases, and cases arising under the Mental Health Development and Disabilities Code when requested to do so by the respective State's Attorney. Also effective on the same date, the Agency was given authority upon request to assist State's Attorneys in the trial and appeal of tax objection cases.

On August 18, 1982, the Agency was authorized to assist State's Attorneys on cases and appeals arising under the Narcotics Profit Forfeiture Act.

Effective August 3, 1984, the Agency's authorization was expanded to provide for assisting State's Attorneys in the discharge of their duties under the Illinois Public Labor Relations Act.

Effective July 1, 1986, the Agency was legislatively mandated to conduct training programs for prosecutors and other law enforcement personnel to reduce trauma for child witnesses in criminal proceedings.

Effective January 1, 1988, the Agency was given authority to represent the People of the State of Illinois on appeal in all cases which emanate from a District 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. On this same date, the Agency was also authorized to assist State's Attorneys in the full discharge of their duties under the Illinois Controlled Substances Act and the Narcotics Profit Forfeiture Act. To carry out this responsibility, the Agency created the Local Drug Prosecution Support Unit on May 1, 1988. This Unit receives funding from federal grants and Agency match monies.

On September 28, 1989, the Agency entered into a collective bargaining agreement with the American Federation of State, County and Municipal Employees Union. By this agreement, the Agency recognizes the Union as the sole and exclusive collective bargaining representative for staff attorneys and legal secretaries.

Effective January 1, 1990, the authority of the Agency was expanded through the creation of general revenue appropriations for collective bargaining personal services and through the approval to permit the rollover of county funds.

Effective September 10, 1990, Public Act 86-1382 created the Drug Asset Forfeiture Procedure Act and amended the Cannabis Control Act and the Controlled Substances Act. These amendments authorized the Agency to receive a 12.5% share in the monies and sale proceeds of property forfeited and seized under the provisions of these Acts in counties under 3,000,000 population. They also authorized the Agency to use these funds in the investigation, prosecution, and appeal of cases arising under laws governing cannabis and controlled substances.

Effective January 1, 2000, the Agency was given the additional authority to assist State's Attorneys outside of Cook County in capital cases pursuant to the Capital Crimes Litigation Act (Public Act 91-589).

This Act created the Capital Litigation Trust Fund which provides monies for expenses for the prosecution and defense of capital cases throughout Illinois. It funds an annual appropriation to the Agency and also gives the Agency authority to certify the capital case expenses submitted by State's Attorneys.

On July 16, 2002, Public Act 92-0683 authorized the State's Attorneys Appellate Prosecutor to file briefs with, and argue before, the Illinois Supreme Court when requested and authorized to do so by the Attorney General. The Act also allows the Agency to assist State's Attorneys in connection with the Cannabis Control Act and the Drug Asset Forfeiture Act. It further authorizes the Agency to prosecute other cases, with the consent of the State's Attorney responsible for the case. In addition, the Office of the State's Attorneys Appellate Prosecutor is allowed to act as Special Prosecutor with the consent of the Attorney General and if appointed by a court having jurisdiction.

During FY03, the Agency again coordinated on-going legal educational programs for State's Attorneys through its Continuing Legal Education Division. The Agency prepares and distributes a monthly newsletter setting forth legislation and recent court decisions for use by State's Attorneys. The Agency likewise prepares and publishes the Illinois Uniform Complaint Book, a 900-page manual of complaint forms for State's Attorneys and local law enforcement agencies.

The Agency conducts its Trial Advocacy Program which consists of four week-long sessions held in Springfield where classes of State's Attorneys and Assistant State's Attorneys undergo intensive trial advocacy training taught by experienced prosecutors, trial judges, and defense counsel.

The Agency also conducted 26 specialized training seminars in FY03 concentrating on search & seizure, legislative updates, capital litigation, the fifth amendment, and dui with a total of 997 attendees.

During FY03, the Agency continued its training program under the Child Witness Project. The Agency co-sponsored eight child witness training seminars with 388 attendees. These sessions focused on such relevant topics as investigative techniques in child sexual abuse cases, legal issues and considerations in child abuse and neglect cases, physical and neglect abuse injury reconstruction techniques, assessing abuse with very young children, and health risks to children exposed to methamphetamine manufacturing.

State's Attorneys Appellate Prosecutor
725 S. Second Springfield, IL 62704
217/782-1628 (voice), 217/782-6305 (fax)

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