CHAPTER 6. SPECIAL DEPUTIES FOR RECOVERY OF PUBLIC FUNDS
IC 4-6-6
Chapter 6. Special Deputies for Recovery of Public Funds
IC 4-6-6-1
Appointment
Sec. 1. The attorney general of Indiana is hereby authorized to
appoint and employ special deputies attorney general to assist in the
conduct and prosecution of any civil proceedings which the attorney
general is required to bring for the purpose of recovering any public
funds in behalf of any city, town, township, county, or other
governmental unit or public entity of the state under and pursuant to
IC 5-11-5, IC 5-11-6, IC 5-11-7, or any other statute enacted on or
after March 11, 1955, authorizing or requiring the attorney general
to bring any such civil proceedings for the recovery of any such
public funds.
(Formerly: Acts 1955, c.284, s.1.) As amended by P.L.5-1984,
SEC.23.
IC 4-6-6-2
Qualifications; oath
Sec. 2. All special deputies attorney general appointed and
employed under the provisions of this chapter shall be "competent
attorneys" as defined in IC 4-6-5. Each such special deputy attorney
general shall take and subscribe an oath of office to be administered
in the usual form by an officer authorized to administer oaths, which
oath shall be kept on file with the attorney general.
(Formerly: Acts 1955, c.284, s.2.) As amended by P.L.5-1984,
SEC.24.
IC 4-6-6-3
Compensation
Sec. 3. Whenever any special deputy attorney general shall be
appointed and employed under the provisions of this chapter, the
compensation to be paid such special deputy attorney general shall
be fixed by the attorney general of Indiana subject to the approval of
the judge of the court in which such special deputy shall bring any
action for the recovery of public funds, in an amount commensurate
to the prevailing standard of attorneys' fees in the community or area
in which such special deputy attorney general regularly engages in
the practice of law. Said compensation shall be sufficient to enable
any such special deputy attorney general to devote whatever time and
facilities as may be necessary to investigate and prosecute any such
civil proceedings to a final conclusion, including an appeal to the
Indiana supreme court or court of appeals.
(Formerly: Acts 1955, c.284, s.3.) As amended by P.L.5-1984,
SEC.25.
IC 4-6-6-4
Compensation; payment from recoveries or disbursing officers
Sec. 4. The compensation of any such special deputy
attorney-general shall be payable from the amount recovered for the
benefit of any city, town, township, county, or other governmental
unit or public entity of the state as a result of the successful
prosecution of any such civil proceedings in which any such special
deputy attorney-general has been appointed and employed, and the
attorney-general of Indiana is hereby authorized to pay such
compensation to any such special deputy attorney-general from such
amount and to remit the balance thereof to the governmental unit or
public entity in behalf of which such amount has been recovered. In
the event any such civil proceedings are unsuccessful and, upon
prosecution to final conclusion, do not result in the recovery of any
such funds, then, and in that event, such compensation shall be
payable from the funds of the governmental unit or public entity in
behalf of which any such civil proceedings may have been brought,
and the disbursing officers of any and all governmental units or
public entities of the state are hereby authorized and directed to make
payment in full of any such compensation to any such special duty
attorney-general, without an appropriation being made therefor upon
certification of the attorney-general and the judge of the court in
which the action was brought to any such disbursing officer of the
amount due any such special deputy attorney-general for his services
in connection with the conduct and prosecution of any such civil
proceedings.
(Formerly: Acts 1955, c.284, s.4.)
IC 4-6-6-5
Demand for return and repayment of funds before appointment
Sec. 5. No special deputy attorney general shall be appointed or
employed under the provisions of this chapter for the purpose of
recovering any particular public funds unless and until the attorney
general of Indiana shall have made demand for the return or
repayment of such funds from the person or persons, and their
sureties if any, who are liable for the return or repayment of such
funds and such demand has been refused or remains unsatisfied for
a period of thirty (30) days.
(Formerly: Acts 1955, c.284, s.5.) As amended by P.L.5-1984,
SEC.26.