IC 33-39-6
    Chapter 6. Compensation of Prosecuting Attorneys, Deputies, andInvestigators

IC 33-39-6-1
Payment of compensation; conferences for coordinated lawenforcement plans
    Sec. 1. (a) Prosecuting attorneys and deputy prosecuting attorneysare entitled to receive the compensation provided in this chapter. Theminimum compensation of the prosecuting attorneys shall be paid inthe manner prescribed in section 5 of this chapter. The compensationof the deputy prosecuting attorneys shall be paid in the mannerprescribed in section 2 of this chapter.
    (b) Upon the allowance of an itemized and verified claim by theboard of county commissioners, the auditor of the county shall issuea warrant to a prosecuting attorney or deputy prosecuting attorneywho filed the claim to pay any part of the compensation of aprosecuting attorney or a deputy prosecuting attorney that exceedsthe amount that the state is to pay.
    (c) A deputy prosecuting attorney who knowingly dividescompensation with the prosecuting attorney or any other officer orperson in connection with employment commits a Class Bmisdemeanor.
    (d) A prosecuting attorney or any other officer or person whoknowingly accepts any division of compensation described insubsection (c) commits a Class B misdemeanor.
    (e) The attorney general shall call at least one (1) and not morethan two (2) conferences of the prosecuting attorneys, each year, toconsider, discuss, and develop coordinated plans for the enforcementof the laws of Indiana. The date or dates upon which the conferencesare held shall be fixed by the attorney general. The expensesnecessarily incurred by a prosecuting attorney in attending aconference, including the actual expense of transportation to andfrom the place where the conference is held, together with meals andlodging, shall be paid from the general fund of the county upon thepresentation of an itemized and verified claim, filed as required bylaw, and by warrant issued by the county auditor. If there is morethan one (1) county in any judicial circuit, the expenses of theprosecuting attorneys incurred by virtue of this subsection shall bepaid from the general fund of the respective counties constituting thecircuit in the same proportion that the classification factor of eachcounty bears to the classification factor of the judicial circuit asdetermined according to law by the state board of accounts.
As added by P.L.98-2004, SEC.18. Amended by P.L.65-2004,SEC.19.

IC 33-39-6-2
Chief deputy and additional deputy; appointment; salaries
    Sec. 2. (a) A prosecuting attorney may appoint one (1) chiefdeputy prosecuting attorney. The maximum annual salary paid by the

state of a chief deputy prosecuting attorney appointed under thissubsection is as follows:
        (1) If the prosecuting attorney is a full-time prosecutingattorney appointing a full-time chief deputy prosecutingattorney, the annual salary of the chief deputy prosecutingattorney is equal to seventy-five percent (75%) of the salarypaid by the state to a full-time prosecuting attorney.
        (2) If the prosecuting attorney is a full-time prosecutingattorney appointing a part-time chief deputy prosecutingattorney, the annual salary of the chief deputy prosecutingattorney is equal to seventy-five percent (75%) of the salarypaid by the state to a part-time prosecuting attorney serving thejudicial district served by the chief deputy prosecuting attorney.
        (3) If the prosecuting attorney is a part-time prosecutingattorney appointing a full-time chief deputy prosecutingattorney, the annual salary of the chief deputy prosecutingattorney is equal to seventy-five percent (75%) of the salarypaid by the state to a full-time prosecuting attorney.
        (4) If the prosecuting attorney is a part-time prosecutingattorney appointing a part-time chief deputy prosecutingattorney, the annual salary of the chief deputy prosecutingattorney is equal to seventy-five percent (75%) of the salarypaid by the state to a part-time prosecuting attorney.
    (b) The prosecuting attorney in a county in which is located atleast one (1) institution operated by the department of correction thathouses at least one thousand five hundred (1,500) offenders mayappoint two (2) additional deputy prosecuting attorneys. In a countyhaving two (2) institutions, each of which houses at least onethousand five hundred (1,500) offenders, the prosecuting attorneymay appoint a third deputy prosecuting attorney.
    (c) The prosecuting attorney in a county in which is located aninstitution operated by the department of correction that houses atleast one hundred (100) but less than one thousand five hundred(1,500) adult offenders may appoint one (1) additional deputyprosecuting attorney.
    (d) The prosecuting attorney in a county in which is located astate institution (as defined in IC 12-7-2-184) that has a dailypopulation of at least three hundred fifty (350) patients may appointone (1) additional deputy prosecuting attorney.
    (e) The annual salary of a deputy prosecuting attorney appointedunder subsections (b) through (d) may not be less than seventy-fivepercent (75%) of the annual salary of the appointing prosecutingattorney, as determined under section 5 of this chapter as though theprosecuting attorney had not elected full-time status.
    (f) The salaries provided in this section shall be paid by the stateonce every two (2) weeks from the state general fund. There isappropriated annually out of the general fund of the state sufficientfunds to pay any amount necessary. However, the salaries fixed inthis chapter are determined to be maximum salaries to be paid by thestate. This chapter does not limit the power of counties comprising

the respective judicial circuits to pay additional salaries upon properaction by the appropriate county officials.
    (g) The various county councils shall appropriate annually forother deputy prosecuting attorneys, investigators, clerical assistance,witness fees, out-of-state travel, postage, telephone tolls andtelegraph, repairs to equipment, office supplies, other operatingexpenses, and equipment an amount necessary for the properdischarge of the duties imposed by law upon the office of theprosecuting attorney of each judicial circuit.
As added by P.L.98-2004, SEC.18. Amended by P.L.127-2008,SEC.20; P.L.112-2009, SEC.1.

IC 33-39-6-3
Grading judicial circuits for compensation purposes
    Sec. 3. For purposes of fixing the salaries of the variousprosecuting attorneys under this chapter, each judicial circuit of thestate is:
        (1) graded on the basis of population and gross assessedvaluation; and
        (2) set up on the percentage ratio it bears to the state, the wholestate being considered as one hundred percent (100%).
As added by P.L.98-2004, SEC.18.

IC 33-39-6-4
Classes of judicial circuits; classification factors
    Sec. 4. (a) The nine (9) classes of the several judicial circuits ofthe state as set out in this chapter are based on a unit factor system.The factors are determined by the relations of the judicial circuit tothe state as established and certified to each county auditor by thestate board of accounts not later than June 20 of any calendar year.They are as follows:
        (1) Population.
        (2) Gross assessed valuation as shown by the last precedinggross assessed valuation as certified by the various counties tothe auditor of the state in the calendar year in which thecalculation is made.
    (b) The factors for each of the nine (9) classes set out in thischapter shall be obtained as follows:
        (1) The population of each judicial circuit shall be divided bythe population of the entire state.
        (2) The gross assessed valuation of each judicial circuit shall bedivided by the gross assessed valuation of the entire state.
        (3) The two (2) results thus obtained shall be added togetherand the sum thus obtained for each judicial circuit shall bedivided by two (2).
        (4) The final result so obtained, multiplied by one hundred(100), shall determine the classification of each judicial circuitaccording to the following schedule:

CLASSIFICATION FACTORS


        HIGH    LOW    CLASS    NO LIMIT        8.00    1
    ALL UNDER    8.00    2.25    2
    ALL UNDER    2.25    1.25    3
    ALL UNDER    1.25    .85    4
    ALL UNDER    .85    .70    5
    ALL UNDER    .70    .60    6
    ALL UNDER    .60    .50    7
    ALL UNDER    .50    .35    8
    ALL UNDER    .35    No limit    9
As added by P.L.98-2004, SEC.18.

IC 33-39-6-5
Minimum annual salary; full-time or part-time prosecutors
    Sec. 5. (a) The annual minimum salary paid by the state to afull-time prosecuting attorney described in section 6 of this chapteris equal to the minimum salary of the circuit court judge of the samejudicial circuit as the prosecuting attorney.
    (b) A prosecuting attorney of a judicial circuit, other than afull-time prosecuting attorney described in section 6 of this chapteris entitled to a minimum annual salary in an amount equal to sixtypercent (60%) of the salary provided in subsection (a), except asprovided by subsection (c).
    (c) A prosecuting attorney, other than a full-time prosecutingattorney described in section 6 of this chapter, of a judicial circuit:
        (1) that has a population of less than eighty-five thousand(85,000) and that adjoins any county having a population ofmore than one hundred sixty thousand (160,000); or
        (2) in which is located:
            (A) the Indiana state prison, the Pendleton CorrectionalFacility, the Plainfield Correctional Facility, the BranchvilleCorrectional Facility, the Wabash Valley Correctional Facility,or the Putnamville Correctional Facility; or
            (B) a state institution (as defined in IC 12-7-2-184) that has adaily population of at least three hundred fifty (350) patients;
is entitled to a minimum annual salary in an amount equal tosixty-six percent (66%) of the salary provided in subsection (a).
    (d) The state shall pay, from the state general fund, the minimumannual salary of a prosecuting attorney. The state shall pay theminimum annual salary in equal installments with payments beingmade once every two (2) weeks.
As added by P.L.98-2004, SEC.18.

IC 33-39-6-6
Election to devote full time to duties of office of prosecutingattorney
    Sec. 6. (a) Except as provided in section 7 of this chapter, aprosecuting attorney may elect to devote the prosecuting attorney'sfull professional time to the duties of the office of prosecutingattorney by filing a written notice with the circuit court of theprosecuting attorney's judicial circuit and the auditor of state. The

election may be made annually during the prosecuting attorney'sterm. However, the notice of election must be made before June 30of the applicable year. An election is effective for each successiveyear of the term unless it is revoked before June 30 of the year duringwhich the prosecuting attorney wants to change the prosecutingattorney's status. However, only one (1) change in status may bemade during the term. A revocation is made by the prosecutingattorney by filing a written notice with the circuit court of theprosecuting attorney's judicial circuit and the auditor of state.
    (b) A prosecuting attorney who elects to be a full-time prosecutingattorney:
        (1) shall devote the prosecuting attorney's full professional timeto the prosecuting attorney's office; and
        (2) may not engage in the private practice of law.
    (c) If a prosecuting attorney of a judicial circuit of the sixththrough ninth class elects to become a full-time prosecuting attorneyand the majority of the county council consents to the election, acopy of the consent must be filed with the notice of election tofull-time status with the circuit court of the prosecuting attorney'sjudicial circuit and with the auditor of state.
As added by P.L.98-2004, SEC.18.

IC 33-39-6-7
Full-time offices in certain second class judicial circuits; salary
    Sec. 7. The prosecuting attorney of each judicial circuit of thesecond class within a county having a population of more than twohundred thousand (200,000) but less than three hundred thousand(300,000) shall devote the prosecuting attorney's full professionaltime to the duties of the prosecuting attorney's office. Theprosecuting attorney may not engage in the private practice of lawfor the term for which the prosecuting attorney was elected orappointed, and the prosecuting attorney is entitled to a minimumannual salary that is not less than the salary of the judge of the circuitcourt of the same judicial circuit.
As added by P.L.98-2004, SEC.18.

IC 33-39-6-8
Compensation; appearance; travel expenses
    Sec. 8. (a) The compensation provided in this chapter forprosecuting attorneys and their deputies is in full for all servicesrequired by law. Prosecuting attorneys shall appear in all courts andin all cases where the law provides that they shall appear.
    (b) Prosecuting attorneys, deputy prosecuting attorneys, andinvestigators are entitled to a sum for mileage for the milesnecessarily traveled in the discharge of their duties. The sum formileage provided by this subsection must:
        (1) equal the sum per mile paid to state officers and employees,with the rate changing each time the state government changesits rate per mile;
        (2) be allowed by the board of county commissioners on a claim

duly filed monthly by the prosecutor, deputy prosecutingattorneys, and investigators itemizing the specific mileagetraveled; and
        (3) be paid by the county in which the duty arose thatnecessitated the travel.
    (c) This chapter does not prohibit the payment of other expensesas may be allowed by law.
    (d) If a board of county commissioners does not furnish theprosecuting attorney with office space, the county council shallappropriate a reasonable amount of money per year to theprosecuting attorney for office space.
As added by P.L.98-2004, SEC.18.

IC 33-39-6-9
Lowering of classification; limitation
    Sec. 9. The classification of salary schedules for prosecutingattorneys may not be lowered below the classification first fixed bythe state board of accounts under IC 33-14-7 (before its repeal).
As added by P.L.98-2004, SEC.18.