15.4 Post Conviction Hearings


(a) The following procedure shall be followed in proceedings under Chapter 38, Article 122 of the Illinois Revised Statutes:

(i) The original petition and a copy is filed with the clerk of the Criminal Division, accompanied by the docket fee.

(ii) A copy of the petition is served upon the State's Attorney in the manner provided by Rule 11 of the Supreme Court of Illinois.

(iii) If the petition is in forma pauperis, verified by affidavit, and the petitioner is represented by counsel of his own choice, an affidavit is attached to the petition by counsel that his services are being rendered gratuitously. Leave must first be obtained from the presiding judge to file the petition in forma pauperis; if leave is granted the clerk shall docket the petition. Upon presentation of the petition to the presiding judge, a date for hearing is set.

(iv) If the petition is in forma pauperis, verified by affidavit, and the petitioner is not represented by counsel, the clerk, upon receipt of the petition, dockets it and places it on the court call of the presiding judge. If the presiding judge finds petitioner is without counsel and is without means to procure counsel, he shall appoint counsel to represent the petitioner. The presiding judge shall order a copy of the petition served on the appointed attorney and on the State's Attorney. Leave must be obtained from the presiding judge to proceed on the petition in forma pauperis. If leave is granted, the presiding judge shall set a date for hearing, and may assign the case for hearing.

(b) The clerk of the Criminal Division shall maintain records of petitions as prescribed by general administrative order.

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