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Authorizing Participation in the Appellate Prosecutor Program
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WHEREAS, the Office of the State’s Attorneys Appellate Prosecutor was created to provide services to State's Attorneys in Counties containing less than 3,000,000 inhabitants; and
WHEREAS, the powers and duties of the Office of the State’s Attorneys Appellate Prosecutor Program are defined and enumerated in the “State’s Attorneys Appellate Prosecutor’s Act”, 725 ILCS 210/1 et seq., as amended; and
WHEREAS, the Illinois General Assembly appropriates monies for the ordinary and contingent expenses of the Office of the State's Attorneys Appellate Prosecutor, one-third from the State's Attorneys Appellate Prosecutor's County Fund and two-thirds from the General Revenue Fund, provided that such funding receives approval and support from the respective Counties eligible to apply; and
WHEREAS, the office of the State's Attorneys Appellate Prosecutor shall administer the operation of the appellate offices so as to ensure that all participating State's Attorneys continue to have the final authority in preparation, filing and arguing of all appellate briefs and any trial assistance; and
NOW, THEREFORE, BE IT RESOLVED that the Kane County Board in regular session, this 12th day of November 2024 does hereby support the continued operation of the Office of the State’s Attorneys Appellate Prosecutor, and designates the Office of the State’s Attorneys Appellate Prosecutor as its agent to administer the operation of the appellate offices and process said appellate court cases for this county.
BE IT FURTHER RESOLVED that the attorneys employed by the Office of the State's Attorneys Appellate Prosecutor are hereby authorized to act as Assistant State's Attorneys on behalf of the State's Attorney of this County in the appeal of all cases when requested to do so by the State's Attorney, and with the advice and consent of the State's Attorney, prepare, file, and argue appellate briefs for those cases; and also, as may be requested by the State's Attorney, to assist in the prosecution of cases under the Illinois Controlled Substances Act, the Cannabis Control Act, the Drug Asset Forfeiture Procedure Act, and the Narcotics Profit Forfeiture Act. Such attorneys are further authorized to assist the State's Attorney in the trial and appeal of tax objections.
BE IT FURTHER RESOLVED that the attorneys employed by the Office of the State’s Attorneys Appellate Prosecutor may also assist the State's Attorney of this County in the discharge of the State's Attorney's duties in the prosecution and trial of other cases, and may act as Special Prosecutor if duly appointed to do so by a court having jurisdiction.
BE IT FURTHER RESOLVED that if the Office of the State’s Attorneys Appellate Prosecutor is duly appointed to act as a Special Prosecutor in this county by a court having jurisdiction, this county will provide reasonable and necessary clerical and administrative support and victim-witness coordination on an as-needed basis and will also cover all reasonable and necessary case expenses, such as expert witness fees, transcripts, evidence presentation, documents, lodgings, and all other expenses directly related to the prosecution of the case.
BE IT FURTHER RESOLVED that the Kane County Board hereby agrees to participate in the service program of the Office of the State’s Attorneys Appellate Prosecutor, commencing December 1, 2024 and ending November 30, 2025, by hereby appropriating the sum of $55,000 as consideration for the express purpose of providing a portion of the funds required for financing the operation of the Office of the State’s Attorneys Appellate Prosecutor, and agrees to deliver the same to the Office of the State’s Appellate Prosecutor on request during the stated twelve month period.
Passed by the Kane County Board on November 12, 2024.
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John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: