CHAPTER 2. PUBLIC DEFENDERS
IC 33-40-2
Chapter 2. Public Defenders
IC 33-40-2-1
Request to state public defender
Sec. 1. (a) Upon a determination by the judge of any court havingcriminal jurisdiction that:
(1) the court is unable within a reasonable time to appoint anavailable attorney, public defender or otherwise, who iscompetent in the practice of law in criminal cases as legalcounsel for any person charged in the court with a criminaloffense and who does not have sufficient means to employ anattorney; or
(2) in the interest of justice an attorney from another judicialcircuit, not regularly practicing in the court, should beappointed to defend the indigent defendant or appeal thedefendant's case, but the judge is unable within a reasonabletime to provide for the direct appointment of an attorney;
the judge may make written request to the state public defender toprovide a qualified attorney for the defense of the indigent person.
(b) The judge shall attach to the written request a copy of theaffidavit or indictment, and state in the request the amount of theapplicable minimum fee to be paid for the legal services of defensecounsel in the case, subject to:
(1) any additional amount reasonable under all thecircumstances of the case, to be determined and approved bythe judge upon the final determination of the case; and
(2) reasonable partial allowances as may be approved andordered by the judge pending final determination.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-2
Appointment
Sec. 2. Upon receiving a written request under section 1 of thischapter, the state public defender shall:
(1) accept appointment himself or herself;
(2) appoint any of the state public defender's deputies; or
(3) appoint any practicing attorney:
(A) admitted to the practice of law in Indiana; and
(B) who is competent to practice law in criminal cases;
subject to the concurring appointment, of record, by the requestingjudge.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-3
Schedule of fees
Sec. 3. (a) The state public defender shall prepare and maintain aschedule of minimum attorney's fees for all general classifications ofcriminal trials, and proceedings on plea of guilty, subject to theapproval of the supreme court. The schedule shall be furnished upon
request to all criminal courts. A fee approved by any court for theservices of:
(1) the state public defender;
(2) the state public defender's deputy; or
(3) any attorney appointed by the state public defender and thejudge under a request made to the state public defender;
may not be less than the approved minimum fee provided in theschedule.
(b) In cases where there has been a change of venue, the presidingjudge may not approve a fee for a public defender from the office ofthe state public defender that exceeds one hundred twenty-fivepercent (125%) of the minimum fee schedule established under thischapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-4
Fees; payment
Sec. 4. All fees for services rendered by the state public defenderor any of the state public defender's deputies under this chapter shallbe paid directly to the state treasurer, to be expended for anynecessary expenses of the office of the state public defender,including salaries of the necessary deputies, in addition to the stategeneral funds otherwise appropriated by the general assembly for thepayment of the expenses.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-5
Order for payment
Sec. 5. The judge of a court having criminal jurisdiction shallmake all orders necessary to mandate payment of fees approved bythe presiding judge for payment for legal services rendered forindigent defendants in any cause in:
(1) the court; or
(2) another court following change of venue from the court;
whether or not the legal services are arranged under this chapter orby direct appointment of counsel in the first instance by the judge.
As added by P.L.98-2004, SEC.19.
IC 33-40-2-6
Public defender investigators
Sec. 6. (a) A public defender may use a public defenderinvestigator who is qualified under subsection (b) to assist the publicdefender in preparing for the criminal defense of indigent persons.
(b) To practice as a public defender investigator, an individualmust:
(1) be at least twenty-one (21) years of age; and
(2) not have a conviction for a crime that has a direct bearing onthe individual's ability to competently perform the duties of apublic defender investigator.
(c) A public defender investigator may not perform any duties for
the public defender that constitute the unauthorized practice of law.
As added by P.L.98-2004, SEC.19.