CHAPTER 2. PUBLIC DEFENDERS
IC 33-40-2
Chapter 2. Public Defenders
IC 33-40-2-1
Request to state public defender
Sec. 1. (a) Upon a determination by the judge of any court having
criminal jurisdiction that:
(1) the court is unable within a reasonable time to appoint an
available attorney, public defender or otherwise, who is
competent in the practice of law in criminal cases as legal
counsel for any person charged in the court with a criminal
offense and who does not have sufficient means to employ an
attorney; or
(2) in the interest of justice an attorney from another judicial
circuit, not regularly practicing in the court, should be
appointed to defend the indigent defendant or appeal the
defendant's case, but the judge is unable within a reasonable
time to provide for the direct appointment of an attorney;
the judge may make written request to the state public defender to
provide a qualified attorney for the defense of the indigent person.
(b) The judge shall attach to the written request a copy of the
affidavit or indictment, and state in the request the amount of the
applicable minimum fee to be paid for the legal services of defense
counsel in the case, subject to:
(1) any additional amount reasonable under all the
circumstances of the case, to be determined and approved by
the judge upon the final determination of the case; and
(2) reasonable partial allowances as may be approved and
ordered by the judge pending final determination.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-2
Appointment
Sec. 2. Upon receiving a written request under section 1 of this
chapter, the state public defender shall:
(1) accept appointment himself or herself;
(2) appoint any of the state public defender's deputies; or
(3) appoint any practicing attorney:
(A) admitted to the practice of law in Indiana; and
(B) who is competent to practice law in criminal cases;
subject to the concurring appointment, of record, by the requesting
judge.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-3
Schedule of fees
Sec. 3. (a) The state public defender shall prepare and maintain a
schedule of minimum attorney's fees for all general classifications of
criminal trials, and proceedings on plea of guilty, subject to the
approval of the supreme court. The schedule shall be furnished upon
request to all criminal courts. A fee approved by any court for the
services of:
(1) the state public defender;
(2) the state public defender's deputy; or
(3) any attorney appointed by the state public defender and the
judge under a request made to the state public defender;
may not be less than the approved minimum fee provided in the
schedule.
(b) In cases where there has been a change of venue, the presiding
judge may not approve a fee for a public defender from the office of
the state public defender that exceeds one hundred twenty-five
percent (125%) of the minimum fee schedule established under this
chapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-4
Fees; payment
Sec. 4. All fees for services rendered by the state public defender
or any of the state public defender's deputies under this chapter shall
be paid directly to the state treasurer, to be expended for any
necessary expenses of the office of the state public defender,
including salaries of the necessary deputies, in addition to the state
general funds otherwise appropriated by the general assembly for the
payment of the expenses.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-5
Order for payment
Sec. 5. The judge of a court having criminal jurisdiction shall
make all orders necessary to mandate payment of fees approved by
the presiding judge for payment for legal services rendered for
indigent defendants in any cause in:
(1) the court; or
(2) another court following change of venue from the court;
whether or not the legal services are arranged under this chapter or
by direct appointment of counsel in the first instance by the judge.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-6
Public defender investigators
Sec. 6. (a) A public defender may use a public defender
investigator who is qualified under subsection (b) to assist the public
defender in preparing for the criminal defense of indigent persons.
(b) To practice as a public defender investigator, an individual
must:
(1) be at least twenty-one (21) years of age; and
(2) not have a conviction for a crime that has a direct bearing on
the individual's ability to competently perform the duties of a
public defender investigator.
(c) A public defender investigator may not perform any duties for
the public defender that constitute the unauthorized practice of law.
As added by P.L.98-2004, SEC.19.