CHAPTER 6. COMPENSATION OF PROSECUTING ATTORNEYS, DEPUTIES, AND INVESTIGATORS
IC 33-39-6
Chapter 6. Compensation of Prosecuting Attorneys, Deputies, and
Investigators
IC 33-39-6-1
Payment of compensation; conferences for coordinated law
enforcement plans
Sec. 1. (a) Prosecuting attorneys and deputy prosecuting attorneys
are entitled to receive the compensation provided in this chapter. The
minimum compensation of the prosecuting attorneys shall be paid in
the manner prescribed in section 5 of this chapter. The compensation
of the deputy prosecuting attorneys shall be paid in the manner
prescribed in section 2 of this chapter.
(b) Upon the allowance of an itemized and verified claim by the
board of county commissioners, the auditor of the county shall issue
a warrant to a prosecuting attorney or deputy prosecuting attorney
who filed the claim to pay any part of the compensation of a
prosecuting attorney or a deputy prosecuting attorney that exceeds
the amount that the state is to pay.
(c) A deputy prosecuting attorney who knowingly divides
compensation with the prosecuting attorney or any other officer or
person in connection with employment commits a Class B
misdemeanor.
(d) A prosecuting attorney or any other officer or person who
knowingly accepts any division of compensation described in
subsection (c) commits a Class B misdemeanor.
(e) The attorney general shall call at least one (1) and not more
than two (2) conferences of the prosecuting attorneys, each year, to
consider, discuss, and develop coordinated plans for the enforcement
of the laws of Indiana. The date or dates upon which the conferences
are held shall be fixed by the attorney general. The expenses
necessarily incurred by a prosecuting attorney in attending a
conference, including the actual expense of transportation to and
from the place where the conference is held, together with meals and
lodging, shall be paid from the general fund of the county upon the
presentation of an itemized and verified claim, filed as required by
law, and by warrant issued by the county auditor. If there is more
than one (1) county in any judicial circuit, the expenses of the
prosecuting attorneys incurred by virtue of this subsection shall be
paid from the general fund of the respective counties constituting the
circuit in the same proportion that the classification factor of each
county bears to the classification factor of the judicial circuit as
determined according to law by the state board of accounts.
As added by P.L.98-2004, SEC.18. Amended by P.L.65-2004,
SEC.19.
IC 33-39-6-2
Chief deputy and additional deputy; appointment; salaries
Sec. 2. (a) A prosecuting attorney may appoint one (1) chief
deputy prosecuting attorney. The maximum annual salary paid by the
state of a chief deputy prosecuting attorney appointed under this
subsection is as follows:
(1) If the prosecuting attorney is a full-time prosecuting
attorney appointing a full-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a full-time prosecuting attorney.
(2) If the prosecuting attorney is a full-time prosecuting
attorney appointing a part-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a part-time prosecuting attorney serving the
judicial district served by the chief deputy prosecuting attorney.
(3) If the prosecuting attorney is a part-time prosecuting
attorney appointing a full-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a full-time prosecuting attorney.
(4) If the prosecuting attorney is a part-time prosecuting
attorney appointing a part-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a part-time prosecuting attorney.
(b) The prosecuting attorney in a county in which is located at
least one (1) institution operated by the department of correction that
houses at least one thousand five hundred (1,500) offenders may
appoint two (2) additional deputy prosecuting attorneys. In a county
having two (2) institutions, each of which houses at least one
thousand five hundred (1,500) offenders, the prosecuting attorney
may appoint a third deputy prosecuting attorney.
(c) The prosecuting attorney in a county in which is located an
institution operated by the department of correction that houses at
least one hundred (100) but less than one thousand five hundred
(1,500) adult offenders may appoint one (1) additional deputy
prosecuting attorney.
(d) The prosecuting attorney in a county in which is located a
state institution (as defined in IC 12-7-2-184) that has a daily
population of at least three hundred fifty (350) patients may appoint
one (1) additional deputy prosecuting attorney.
(e) The annual salary of a deputy prosecuting attorney appointed
under subsections (b) through (d) may not be less than seventy-five
percent (75%) of the annual salary of the appointing prosecuting
attorney, as determined under section 5 of this chapter as though the
prosecuting attorney had not elected full-time status.
(f) The salaries provided in this section shall be paid by the state
once every two (2) weeks from the state general fund. There is
appropriated annually out of the general fund of the state sufficient
funds to pay any amount necessary. However, the salaries fixed in
this chapter are determined to be maximum salaries to be paid by the
state. This chapter does not limit the power of counties comprising
the respective judicial circuits to pay additional salaries upon proper
action by the appropriate county officials.
(g) The various county councils shall appropriate annually for
other deputy prosecuting attorneys, investigators, clerical assistance,
witness fees, out-of-state travel, postage, telephone tolls and
telegraph, repairs to equipment, office supplies, other operating
expenses, and equipment an amount necessary for the proper
discharge of the duties imposed by law upon the office of the
prosecuting attorney of each judicial circuit.
As added by P.L.98-2004, SEC.18. Amended by P.L.127-2008,
SEC.20; P.L.112-2009, SEC.1.
IC 33-39-6-3
Grading judicial circuits for compensation purposes
Sec. 3. For purposes of fixing the salaries of the various
prosecuting attorneys under this chapter, each judicial circuit of the
state is:
(1) graded on the basis of population and gross assessed
valuation; and
(2) set up on the percentage ratio it bears to the state, the whole
state being considered as one hundred percent (100%).
As added by P.L.98-2004, SEC.18.
IC 33-39-6-4
Classes of judicial circuits; classification factors
Sec. 4. (a) The nine (9) classes of the several judicial circuits of
the state as set out in this chapter are based on a unit factor system.
The factors are determined by the relations of the judicial circuit to
the state as established and certified to each county auditor by the
state board of accounts not later than June 20 of any calendar year.
They are as follows:
(1) Population.
(2) Gross assessed valuation as shown by the last preceding
gross assessed valuation as certified by the various counties to
the auditor of the state in the calendar year in which the
calculation is made.
(b) The factors for each of the nine (9) classes set out in this
chapter shall be obtained as follows:
(1) The population of each judicial circuit shall be divided by
the population of the entire state.
(2) The gross assessed valuation of each judicial circuit shall be
divided by the gross assessed valuation of the entire state.
(3) The two (2) results thus obtained shall be added together
and the sum thus obtained for each judicial circuit shall be
divided by two (2).
(4) The final result so obtained, multiplied by one hundred
(100), shall determine the classification of each judicial circuit
according to the following schedule:
CLASSIFICATION FACTORS
HIGH LOW CLASS NO LIMIT 8.00 1
ALL UNDER 8.00 2.25 2
ALL UNDER 2.25 1.25 3
ALL UNDER 1.25 .85 4
ALL UNDER .85 .70 5
ALL UNDER .70 .60 6
ALL UNDER .60 .50 7
ALL UNDER .50 .35 8
ALL UNDER .35 No limit 9
As added by P.L.98-2004, SEC.18.
IC 33-39-6-5
Minimum annual salary; full-time or part-time prosecutors
Sec. 5. (a) The annual minimum salary paid by the state to a
full-time prosecuting attorney described in section 6 of this chapter
is equal to the minimum salary of the circuit court judge of the same
judicial circuit as the prosecuting attorney.
(b) A prosecuting attorney of a judicial circuit, other than a
full-time prosecuting attorney described in section 6 of this chapter
is entitled to a minimum annual salary in an amount equal to sixty
percent (60%) of the salary provided in subsection (a), except as
provided by subsection (c).
(c) A prosecuting attorney, other than a full-time prosecuting
attorney described in section 6 of this chapter, of a judicial circuit:
(1) that has a population of less than eighty-five thousand
(85,000) and that adjoins any county having a population of
more than one hundred sixty thousand (160,000); or
(2) in which is located:
(A) the Indiana state prison, the Pendleton Correctional
Facility, the Plainfield Correctional Facility, the Branchville
Correctional Facility, the Wabash Valley Correctional Facility,
or the Putnamville Correctional Facility; or
(B) a state institution (as defined in IC 12-7-2-184) that has a
daily population of at least three hundred fifty (350) patients;
is entitled to a minimum annual salary in an amount equal to
sixty-six percent (66%) of the salary provided in subsection (a).
(d) The state shall pay, from the state general fund, the minimum
annual salary of a prosecuting attorney. The state shall pay the
minimum annual salary in equal installments with payments being
made once every two (2) weeks.
As added by P.L.98-2004, SEC.18.
IC 33-39-6-6
Election to devote full time to duties of office of prosecuting
attorney
Sec. 6. (a) Except as provided in section 7 of this chapter, a
prosecuting attorney may elect to devote the prosecuting attorney's
full professional time to the duties of the office of prosecuting
attorney by filing a written notice with the circuit court of the
prosecuting attorney's judicial circuit and the auditor of state. The
election may be made annually during the prosecuting attorney's
term. However, the notice of election must be made before June 30
of the applicable year. An election is effective for each successive
year of the term unless it is revoked before June 30 of the year during
which the prosecuting attorney wants to change the prosecuting
attorney's status. However, only one (1) change in status may be
made during the term. A revocation is made by the prosecuting
attorney by filing a written notice with the circuit court of the
prosecuting attorney's judicial circuit and the auditor of state.
(b) A prosecuting attorney who elects to be a full-time prosecuting
attorney:
(1) shall devote the prosecuting attorney's full professional time
to the prosecuting attorney's office; and
(2) may not engage in the private practice of law.
(c) If a prosecuting attorney of a judicial circuit of the sixth
through ninth class elects to become a full-time prosecuting attorney
and the majority of the county council consents to the election, a
copy of the consent must be filed with the notice of election to
full-time status with the circuit court of the prosecuting attorney's
judicial circuit and with the auditor of state.
As added by P.L.98-2004, SEC.18.
IC 33-39-6-7
Full-time offices in certain second class judicial circuits; salary
Sec. 7. The prosecuting attorney of each judicial circuit of the
second class within a county having a population of more than two
hundred thousand (200,000) but less than three hundred thousand
(300,000) shall devote the prosecuting attorney's full professional
time to the duties of the prosecuting attorney's office. The
prosecuting attorney may not engage in the private practice of law
for the term for which the prosecuting attorney was elected or
appointed, and the prosecuting attorney is entitled to a minimum
annual salary that is not less than the salary of the judge of the circuit
court of the same judicial circuit.
As added by P.L.98-2004, SEC.18.
IC 33-39-6-8
Compensation; appearance; travel expenses
Sec. 8. (a) The compensation provided in this chapter for
prosecuting attorneys and their deputies is in full for all services
required by law. Prosecuting attorneys shall appear in all courts and
in all cases where the law provides that they shall appear.
(b) Prosecuting attorneys, deputy prosecuting attorneys, and
investigators are entitled to a sum for mileage for the miles
necessarily traveled in the discharge of their duties. The sum for
mileage provided by this subsection must:
(1) equal the sum per mile paid to state officers and employees,
with the rate changing each time the state government changes
its rate per mile;
(2) be allowed by the board of county commissioners on a claim
duly filed monthly by the prosecutor, deputy prosecuting
attorneys, and investigators itemizing the specific mileage
traveled; and
(3) be paid by the county in which the duty arose that
necessitated the travel.
(c) This chapter does not prohibit the payment of other expenses
as may be allowed by law.
(d) If a board of county commissioners does not furnish the
prosecuting attorney with office space, the county council shall
appropriate a reasonable amount of money per year to the
prosecuting attorney for office space.
As added by P.L.98-2004, SEC.18.
IC 33-39-6-9
Lowering of classification; limitation
Sec. 9. The classification of salary schedules for prosecuting
attorneys may not be lowered below the classification first fixed by
the state board of accounts under IC 33-14-7 (before its repeal).
As added by P.L.98-2004, SEC.18.