The Office of Appellate Defense shall carry out the following duties and responsibilities:
- (a) It shall represent any person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-4-40(4) who files Notice of Intention to Appeal or desires to appeal a conviction in any trial court, or decision of any proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. Any person desiring representation by the office shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the Office of Appellate Defense. Any court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision.
- (b) Upon a finding that a person requesting representation qualifies as an indigent and after being appointed as counsel for such person by the court in which the appeal will be effected, the Office shall represent such person in his appeal of a conviction in any trial court, or decision of any proceeding in civil commitment or other involuntary placement in a state, county or municipal facility, provided nothing herein requires the Office to pursue any appeal unless the Chief Attorney is first satisfied that there is arguable merit to the appeal.
- (c) Represent indigents, other than at trial or commitment proceedings when appointed to do so by the court.
- (d) Represent indigents in appeals of convictions in trial courts of this State, or decisions of civil commitment proceedings or other involuntary placement only in courts of this state.
- (e) Cooperate and consult with state agencies, professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and correction of persons charged with and convicted of crimes, the administration of criminal justice, and the improvement and expansion of defender services.