CHAPTER 1. STATE PUBLIC DEFENDER
IC 33-40
ARTICLE 40. PUBLIC DEFENDERS
IC 33-40-1
Chapter 1. State Public Defender
IC 33-40-1-1
Appointment; qualifications
Sec. 1. (a) The office of state public defender is established.
(b) The state public defender shall be appointed by the supreme
court, to serve at the pleasure of the court, for a term of four (4)
years.
(c) The state public defender must be:
(1) a resident of Indiana; and
(2) a practicing attorney in Indiana for at least three (3) years.
(d) The supreme court may give any tests it considers proper to
determine the fitness of an applicant for appointment.
As added by P.L.98-2004, SEC.19.
IC 33-40-1-2
Representing penal institution inmates
Sec. 2. (a) The state public defender shall represent a person who
is:
(1) confined in a penal facility in Indiana or committed to the
department of correction due to a criminal conviction or
delinquency adjudication; and
(2) financially unable to employ counsel;
in a postconviction proceeding testing the legality of the person's
conviction, commitment, or confinement, if the time for appeal has
expired.
(b) The state public defender shall also represent a person who is
committed to the department of correction due to a criminal
conviction or delinquency adjudication, and who is financially
unable to employ counsel, in proceedings before the department of
correction or parole board, if the right to legal representation is
established by law.
(c) This section does not require the state public defender to
pursue a claim or defense that is not warranted under law and cannot
be supported by a good faith argument for an extension, a
modification, or a reversal of law, or that for any other reason is
without merit.
(d) This section does not prohibit an offender from proceeding on
the offender's own behalf or otherwise refusing the services of the
state public defender.
As added by P.L.98-2004, SEC.19.
IC 33-40-1-3
Seal of office; powers of public defender
Sec. 3. (a) The state public defender shall be provided with a seal
of office on which appear the words "Public Defender, State of
Indiana".
(b) The state public defender may:
(1) take acknowledgments;
(2) administer oaths; and
(3) do all other acts authorized by law for a notary public.
An act performed under this section must be attested by the public
defender's official seal.
As added by P.L.98-2004, SEC.19.
IC 33-40-1-4
Salary; employees; office and supplies
Sec. 4. (a) The state public defender shall be paid an annual salary
to be fixed by the supreme court.
(b) The state public defender may, with the consent of the
supreme court, appoint or employ, at compensation to be fixed by the
supreme court, the deputies, stenographers, or other clerical help that
may be required to discharge the public defender's duties.
(c) The state public defender shall be provided with an office at
a place to be located and designated by the supreme court.
(d) The state public defender shall be paid the state public
defender's actual necessary and reasonable traveling expenses,
including cost of food and lodging when away from the municipality
in which the public defender's office is located and while on business
of the office of the public defender.
(e) The state public defender shall be provided with:
(1) office furniture, fixtures, and equipment; and
(2) books, stationery, printing services, postage, and supplies.
As added by P.L.98-2004, SEC.19.
IC 33-40-1-5
Transcript of court proceedings
Sec. 5. The state public defender may order on behalf of a
prisoner the public defender represents a transcript of any court
proceeding, including evidence presented, had against the prisoner,
and depositions, if necessary, at the expense of the state. However,
the public defender may stipulate as to the facts contained in the
record of any court, or as to the substance of testimony presented or
evidence heard involving any issue to be presented on behalf of the
prisoner, without the testimony or evidence being fully transcribed.
As added by P.L.98-2004, SEC.19.
IC 33-40-1-6
Claims for salary or expenses; appropriation
Sec. 6. All claims for salary or other expenses authorized by this
chapter shall be allowed and approved by the supreme court. There
is appropriated annually out of funds of the state not otherwise
appropriated a sufficient amount to pay salaries and expenses
authorized by this chapter.
As added by P.L.98-2004, SEC.19.