CHAPTER 5. PUBLIC DEFENDER COMMISSION
IC 33-40-5
Chapter 5. Public Defender Commission
IC 33-40-5-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the Indiana
public defender commission established by section 2 of this chapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-5-2
Establishment; composition
Sec. 2. (a) The Indiana public defender commission is established.
(b) The commission is composed of the following eleven (11)
members, none of whom may be a law enforcement officer or a court
employee:
(1) Three (3) members appointed by the governor, with not
more than two (2) of these individuals belonging to the same
political party.
(2) Three (3) members appointed by the chief justice of the
supreme court, with not more than two (2) of these individuals
belonging to the same political party.
(3) One (1) member appointed by the board of trustees of the
Indiana criminal justice institute, who is an attorney admitted to
practice law in Indiana.
(4) Two (2) members of the house of representatives to be
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be from the
same political party.
(5) Two (2) members of the senate, to be appointed by the
president pro tempore of the senate. The members appointed
under this subdivision may not be from the same political party.
As added by P.L.98-2004, SEC.19.
IC 33-40-5-3
Chairperson; term of office; vacancies; reimbursement of
expenses; salary; meetings
Sec. 3. (a) The members of the commission shall designate one (1)
member of the commission as chairperson.
(b) The term of office of each member of the commission is four
(4) years. A vacancy occurring among the members of the
commission before the expiration of a term shall be filled in the same
manner as the original appointment. An appointment to fill a vacancy
occurring before the expiration of a term is for the remainder of the
unexpired term.
(c) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(d) A member of the commission who is not a state employee is
entitled to:
(1) the minimum salary per diem provided by
IC 4-10-11-2.1(b); and
(2) reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established
by the Indiana department of administration and approved by
the budget agency.
(e) The commission shall meet at least quarterly and at times
called by the chairperson or at the request of three (3) commission
members.
As added by P.L.98-2004, SEC.19.
IC 33-40-5-4
Duties
Sec. 4. The commission shall do the following:
(1) Make recommendations to the supreme court concerning
standards for indigent defense services provided for defendants
against whom the state has sought the death sentence under
IC 35-50-2-9, including the following:
(A) Determining indigency and eligibility for legal
representation.
(B) Selection and qualifications of attorneys to represent
indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services
necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense services
under which the counties will be eligible for reimbursement
under IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal
representation.
(B) The issuance and enforcement of orders requiring the
defendant to pay for the costs of court appointed legal
representation under IC 33-40-3.
(C) The use and expenditure of funds in the county
supplemental public defender services fund established
under IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent
defendants at public expense.
(E) Compensation rates for salaried, contractual, and
assigned counsel.
(F) Minimum and maximum caseloads of public defender
offices and contract attorneys.
(3) Make recommendations concerning the delivery of indigent
defense services in Indiana.
(4) Make an annual report to the governor, the general
assembly, and the supreme court on the operation of the public
defense fund.
The report to the general assembly under subdivision (4) must be in
an electronic format under IC 5-14-6.
As added by P.L.98-2004, SEC.19.
IC 33-40-5-5
Staff support
Sec. 5. The division of state court administration of the supreme
court shall provide general staff support to the commission. The
division of state court administration may enter into contracts for any
additional staff support that the division determines is necessary to
implement this section.
As added by P.L.98-2004, SEC.19.