15.2 Habeas Corpus


Except in matters of emergency, the following procedures are followed in proceedings for a writ of habeas corpus:

(a) Petitioner with funds. If the petitioner has sufficient funds, the petition shall be filed with the Clerk of the Circuit Court, Criminal Division, and the filing fee shall be paid.

(b) Petitioner without funds - with attorney.

(i) If the petitioner is without funds, and has an attorney of his choosing, motion for leave to file a petition for writ of habeas corpus without payment of costs shall be presented to the presiding judge.

(ii) If the petitioner is represented by an attorney of his own choosing the docket fee may be waived by the presiding judge upon a motion supported by the affidavit of the petitioner stating that the petitioner is without funds and that his attorney is rendering services gratuitously.

(iii) If the presiding judge grants the motion, he shall enter an order granting leave to file without payment of costs.

(iv) If the presiding judge denies the motion, he shall endorse the fact of denial on the petition for leave to file.

(c) Petitioner without funds and without attorney.

(i) If the petition states the petitioner is without funds and the petitioner is not represented by an attorney, he shall submit a verified petition to the clerk. The clerk shall docket the petition and place it on the call of the presiding judge.

(ii) If the presiding judge finds that petitioner is without an attorney and without funds, the presiding judge shall appoint an attorney to represent the petitioner.

(d) Petition on behalf of another. A person signing a petition for writ of habeas corpus on behalf of another shall appear before the presiding judge in open court and may be examined as to his interest in or relation to the person on whose behalf the petition is presented.

[Adopted May 17, 1976, effective July 1, 1976.]