SEC.  25-32-53. Appellate division created.

(1) There is hereby created within the office of the commission an appellate division which shall function under the direction and supervision of the commission.

(2) The appellate division may perfect and prosecute direct appeals, petitions for rehearing, petitions for writs of certiorari, and petitions for post-conviction relief, and perform such other duties as the commission shall direct.

(3) The appellate division may provide assistance and counsel to a district defender regarding the handling of matters and issues that may be unusually difficult or complex or that may likely affect or become a part of any appeal.

SOURCES: Laws, 1998, ch. 575, § 12, SB 2239, eff from and after July 1, 1998, provided the new programs authorized by Laws, 1998, ch. 575, are funded and certified.

NOTE: Laws, 1998, ch. 575, § 21, provides:

SECTION 21. (1) All new programs authorized under this Senate Bill No. 2239 shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1998 Regular Session or any subsequent session. This act shall be codified but no amendment to a code section or repeal of a code section enacted by this Senate Bill No. 2239 shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, said line item appropriation to be certified by the Legislative Budget Office to the Secretary of State.

(2) Notwithstanding any other provision of this act, the only actions authorized under this act to be funded shall be the hiring of the executive director, the hiring of a secretary for the executive director, expenses necessary for the operation of the commission and the executive director's office and expenses incidental thereto, and providing per diem for the members of the commission unless other legal funding as authorized under this act other than by appropriation of the Legislature is available. The commission shall assess the feasibility and cost of the implementation of this act and report its findings to the Legislature not later than January 1, 1999. This subsection (2) shall stand repealed on July 1, 1999.