CHAPTER 12. CIVIL LEGAL AID FUND
IC 33-24-12
Chapter 12. Civil Legal Aid Fund
IC 33-24-12-1
"Fund"
Sec. 1. As used in this chapter, "fund" refers to the civil legal aidfund established by section 5 of this chapter.
As added by P.L.98-2004, SEC.3.
IC 33-24-12-2
"Indigent"
Sec. 2. As used in this chapter, "indigent" means an individualwhose income is not more than one hundred twenty-five percent(125%) of the federal income poverty level as determined annuallyby the federal Office of Management and Budget under 42 U.S.C.9902.
As added by P.L.98-2004, SEC.3.
IC 33-24-12-3
"Legal services provider"
Sec. 3. As used in this chapter, "legal services provider" means aprivate, nonprofit organization incorporated and operated exclusivelyin Indiana, the primary function and purpose of which is to providecivil legal services without charge to the indigent.
As added by P.L.98-2004, SEC.3.
IC 33-24-12-4
Eligibility requirements for receipt of funds
Sec. 4. To be eligible for the receipt of funds under this chapter,a legal services provider must meet the following requirements:
(1) The legal services provider must have been:
(A) incorporated before July 2, 1997; or
(B) incorporated and providing civil legal aid to the indigentfor three (3) years immediately preceding the application forfunds from the civil legal aid fund.
(2) The legal services provider must submit an opt-in form tothe executive director of the division of state courtadministration before May 2 of each year. The form mustinclude the following information:
(A) The name, address, and telephone number of the legalservices provider.
(B) The Internal Revenue Code 501(c)(3) form of the legalservices provider.
(C) The name and address of the executive director andboard president of the legal services provider.
(D) A list of all counties within the incorporated service areaof the legal services provider.
(E) Certification that the legal services provider hasprovided legal services to indigent individuals within itsservice area for the preceding three (3) years and that the
legal services provider will continue to provide legalservices to the indigent for the year following receipt offunds from the civil legal aid fund.
(3) The legal services provider may not do any of the following:
(A) Make available funds, personnel, or equipment for usein advocating or opposing a plan or proposal, represent aparty, or participate in litigation that is intended to or has theeffect of altering, revising, or reapportioning a legislative, ajudicial, or an elective district at any level of government,including influencing the timing or manner of the taking ofa census.
(B) Attempt to influence the issuance, amendment, orrevocation of an executive order, regulation, or otherstatement of general applicability and future effect by afederal, state, or local agency.
(C) Attempt to influence an adjudicatory proceeding of afederal, state, or local agency if such part of the proceedingis designed for the formulation or modification of an agencypolicy of general applicability and future effect.
(D) Attempt to influence the passage or defeat of legislation,a constitutional amendment, a referendum, an initiative, orsimilar procedure of the Congress, a state, or a locallegislative body.
(E) Attempt to influence the conduct of oversightproceedings of the Legal Services Corporation or a person oran entity receiving financial assistance provided by the LegalServices Corporation.
(F) Pay for a personal service, an advertisement, a telegram,a telephone communication, a letter, printed or writtenmatter, an administrative expense, or a related expense,associated with an activity prohibited in this subdivision.
(G) Initiate or participate in a class action suit.
(H) Support or conduct a training program for the purpose ofadvocating a particular public policy or encouraging apolitical activity, a labor or an antilabor activity, a boycott,picketing, a strike, or a demonstration, including thedissemination of information about such a policy or activity.However, this clause may not be construed to prohibit thetraining of an attorney or a paralegal in the provision of:
(i) adequate legal assistance to eligible clients; or
(ii) advice to an eligible client as to the legal rights of theclient.
(I) Participate in litigation:
(i) on behalf of a person incarcerated in a federal, state, orlocal prison; or
(ii) arising out of the incarceration of a person describedin item (i).
As added by P.L.98-2004, SEC.3.
IC 33-24-12-5 Establishment of civil legal aid fund; administration
Sec. 5. (a) The civil legal aid fund is established to provideadditional revenue for legal services providers.
(b) The fund is administered by the division of state courtadministration.
As added by P.L.98-2004, SEC.3.
IC 33-24-12-6
Formula for fund distribution
Sec. 6. (a) The division of state court administration shallannually determine the amount to be distributed from the fund toeach county's legal services provider under the following formula:
STEP ONE: Determine the number of civil cases filed in thecounty during the year as reported by the most recent IndianaJudicial Report.
STEP TWO: Determine the number of civil cases filed inIndiana during the year as reported by the most recent IndianaJudicial Report.
STEP THREE: Divide the amount determined in STEP ONE bythe amount determined in STEP TWO.
STEP FOUR: Multiply the quotient determined in STEPTHREE by the annual amount appropriated under section 7 ofthis chapter or by the annual amount of the appropriation fromthe state general fund as provided in the state budget act,whichever is greater.
Except as provided in subsection (b), the product determined inSTEP FOUR is the amount to be distributed to the legal servicesprovider or providers having the county in its service area.
(b) In a county where there is more than one (1) legal servicesprovider, the amount distributed from the fund for that county shallbe distributed among the legal services providers in direct proportionto the number of legal services providers in that county.
(c) Distributions from the fund shall be made on January 1 andJuly 1 of each year. Money in the fund is annually appropriated tocarry out the purposes of the fund.
As added by P.L.98-2004, SEC.3.
IC 33-24-12-7
Appropriation from general fund
Sec. 7. There is appropriated on June 30 and December 31 of eachyear five hundred thousand dollars ($500,000) from the state generalfund for deposit into the fund.
As added by P.L.98-2004, SEC.3.