IC 33-40
    ARTICLE 40. PUBLIC DEFENDERS

IC 33-40-1
    Chapter 1. State Public Defender

IC 33-40-1-1
Appointment; qualifications
    Sec. 1. (a) The office of state public defender is established.
    (b) The state public defender shall be appointed by the supremecourt, to serve at the pleasure of the court, for a term of four (4)years.
    (c) The state public defender must be:
        (1) a resident of Indiana; and
        (2) a practicing attorney in Indiana for at least three (3) years.
    (d) The supreme court may give any tests it considers proper todetermine the fitness of an applicant for appointment.
As added by P.L.98-2004, SEC.19.

IC 33-40-1-2
Representing penal institution inmates
    Sec. 2. (a) The state public defender shall represent a person whois:
        (1) confined in a penal facility in Indiana or committed to thedepartment of correction due to a criminal conviction ordelinquency adjudication; and
        (2) financially unable to employ counsel;
in a postconviction proceeding testing the legality of the person'sconviction, commitment, or confinement, if the time for appeal hasexpired.
    (b) The state public defender shall also represent a person who iscommitted to the department of correction due to a criminalconviction or delinquency adjudication, and who is financiallyunable to employ counsel, in proceedings before the department ofcorrection or parole board, if the right to legal representation isestablished by law.
    (c) This section does not require the state public defender topursue a claim or defense that is not warranted under law and cannotbe supported by a good faith argument for an extension, amodification, or a reversal of law, or that for any other reason iswithout merit.
    (d) This section does not prohibit an offender from proceeding onthe offender's own behalf or otherwise refusing the services of thestate public defender.
As added by P.L.98-2004, SEC.19.

IC 33-40-1-3
Seal of office; powers of public defender
    Sec. 3. (a) The state public defender shall be provided with a sealof office on which appear the words "Public Defender, State of

Indiana".
    (b) The state public defender may:
        (1) take acknowledgments;
        (2) administer oaths; and
        (3) do all other acts authorized by law for a notary public.
An act performed under this section must be attested by the publicdefender's official seal.
As added by P.L.98-2004, SEC.19.

IC 33-40-1-4
Salary; employees; office and supplies
    Sec. 4. (a) The state public defender shall be paid an annual salaryto be fixed by the supreme court.
    (b) The state public defender may, with the consent of thesupreme court, appoint or employ, at compensation to be fixed by thesupreme court, the deputies, stenographers, or other clerical help thatmay be required to discharge the public defender's duties.
    (c) The state public defender shall be provided with an office ata place to be located and designated by the supreme court.
    (d) The state public defender shall be paid the state publicdefender's actual necessary and reasonable traveling expenses,including cost of food and lodging when away from the municipalityin which the public defender's office is located and while on businessof the office of the public defender.
    (e) The state public defender shall be provided with:
        (1) office furniture, fixtures, and equipment; and
        (2) books, stationery, printing services, postage, and supplies.
As added by P.L.98-2004, SEC.19.

IC 33-40-1-5
Transcript of court proceedings
    Sec. 5. The state public defender may order on behalf of aprisoner the public defender represents a transcript of any courtproceeding, including evidence presented, had against the prisoner,and depositions, if necessary, at the expense of the state. However,the public defender may stipulate as to the facts contained in therecord of any court, or as to the substance of testimony presented orevidence heard involving any issue to be presented on behalf of theprisoner, without the testimony or evidence being fully transcribed.
As added by P.L.98-2004, SEC.19.

IC 33-40-1-6
Claims for salary or expenses; appropriation
    Sec. 6. All claims for salary or other expenses authorized by thischapter shall be allowed and approved by the supreme court. Thereis appropriated annually out of funds of the state not otherwiseappropriated a sufficient amount to pay salaries and expensesauthorized by this chapter.
As added by P.L.98-2004, SEC.19.