State’s Attorney

The State’s Attorney is the chief law enforcement officer in and for the county, as well as the chief legal adviser for the county.

The Office of the State’s Attorney, as the chief law enforcement office of the county, is an agency of the Executive Branch of government which is charged with the duty to see that the laws are faithfully executed in order to maintain the rule of law. Because of the wide discretion allowed by the law in performance of this duty, the State’s Attorney is also considered as part of the Judicial Branch. As chief law enforcement officer, the State’s Attorney has the following duties:

• To commence and prosecute all criminal actions in the name of the People of Illinois, whether they be misdemeanor offenses of felonies. The State’s Attorney may begin an action by Information or Complaint in matters which are felony or misdemeanor or he may appear before the Grand Jury and request an Indictment.
• To prosecute all violations, filed in name of the People of Illinois by duly commissioned peace officers pursuant to the Illinois Vehicle Code including offenses related to driving under the influence.
• To attend the examination of all persons brought before any judge on any habeas corpus within Montgomery County.
• To commence actions to extradite persons who are charged in other states and held by lawful warrant issued by another State and to cause to be brought to Montgomery County all persons charged in the Circuit Court of Montgomery County who are in another State or jurisdiction in order to stand trial.
• To provide legal advice to all local and state police departments operating in Montgomery County concerning police functions and duties in criminal matters and investigations.
• To provide counsel to the Grand Jury and to commence and prosecute all investigations before the Grand Jury.
• To request the sentence of death in any felony wherein capital punishment is provided by law and is warranted by the circumstances.
• To commence and prosecute all matters pursuant to the Juvenile Court Act of Illinois, including actions to adjudicate minors to be wards of the Court as a result of abuse, neglect or deliquesce and, further, to advise the Illinois Department of Children and Family Services concerning their duties and functions as they occur in Montgomery County.
• To proceed on behalf of private persons and the Illinois Department of Public Aid in causes to assure the support of minor children in Montgomery County, or elsewhere by reciprocal action with other states.
• To commence and prosecute all actions pursuant to the laws and statutes of Illinois which provide for the involuntary commitment of mentally ill persons to the Illinois Department of Mental Health.

The office of State’s Attorney Andrew Affrunti is located in the Montgomery Courts Complex Building.