IC 33-40-5
    Chapter 5. Public Defender Commission

IC 33-40-5-1
"Commission" defined
    Sec. 1. As used in this chapter, "commission" refers to the Indianapublic defender commission established by section 2 of this chapter.
As added by P.L.98-2004, SEC.19.

IC 33-40-5-2
Establishment; composition
    Sec. 2. (a) The Indiana public defender commission is established.
    (b) The commission is composed of the following eleven (11)members, none of whom may be a law enforcement officer or a courtemployee:
        (1) Three (3) members appointed by the governor, with notmore than two (2) of these individuals belonging to the samepolitical party.
        (2) Three (3) members appointed by the chief justice of thesupreme court, with not more than two (2) of these individualsbelonging to the same political party.
        (3) One (1) member appointed by the board of trustees of theIndiana criminal justice institute, who is an attorney admitted topractice law in Indiana.
        (4) Two (2) members of the house of representatives to beappointed by the speaker of the house of representatives. Themembers appointed under this subdivision may not be from thesame political party.
        (5) Two (2) members of the senate, to be appointed by thepresident pro tempore of the senate. The members appointedunder this subdivision may not be from the same political party.
As added by P.L.98-2004, SEC.19.

IC 33-40-5-3
Chairperson; term of office; vacancies; reimbursement ofexpenses; salary; meetings
    Sec. 3. (a) The members of the commission shall designate one (1)member of the commission as chairperson.
    (b) The term of office of each member of the commission is four(4) years. A vacancy occurring among the members of thecommission before the expiration of a term shall be filled in the samemanner as the original appointment. An appointment to fill a vacancyoccurring before the expiration of a term is for the remainder of theunexpired term.
    (c) Each member of the commission who is a state employee isentitled to reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, as providedin the state travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
    (d) A member of the commission who is not a state employee is

entitled to:
        (1) the minimum salary per diem provided byIC 4-10-11-2.1(b); and
        (2) reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, asprovided in the state travel policies and procedures establishedby the Indiana department of administration and approved bythe budget agency.
    (e) The commission shall meet at least quarterly and at timescalled by the chairperson or at the request of three (3) commissionmembers.
As added by P.L.98-2004, SEC.19.

IC 33-40-5-4
Duties
    Sec. 4. The commission shall do the following:
        (1) Make recommendations to the supreme court concerningstandards for indigent defense services provided for defendantsagainst whom the state has sought the death sentence underIC 35-50-2-9, including the following:
            (A) Determining indigency and eligibility for legalrepresentation.
            (B) Selection and qualifications of attorneys to representindigent defendants at public expense.
            (C) Determining conflicts of interest.
            (D) Investigative, clerical, and other support servicesnecessary to provide adequate legal representation.
        (2) Adopt guidelines and standards for indigent defense servicesunder which the counties will be eligible for reimbursementunder IC 33-40-6, including the following:
            (A) Determining indigency and the eligibility for legalrepresentation.
            (B) The issuance and enforcement of orders requiring thedefendant to pay for the costs of court appointed legalrepresentation under IC 33-40-3.
            (C) The use and expenditure of funds in the countysupplemental public defender services fund establishedunder IC 33-40-3-1.
            (D) Qualifications of attorneys to represent indigentdefendants at public expense.
            (E) Compensation rates for salaried, contractual, andassigned counsel.
            (F) Minimum and maximum caseloads of public defenderoffices and contract attorneys.
        (3) Make recommendations concerning the delivery of indigentdefense services in Indiana.
        (4) Make an annual report to the governor, the generalassembly, and the supreme court on the operation of the publicdefense fund.
The report to the general assembly under subdivision (4) must be in

an electronic format under IC 5-14-6.
As added by P.L.98-2004, SEC.19.

IC 33-40-5-5
Staff support
    Sec. 5. The division of state court administration of the supremecourt shall provide general staff support to the commission. Thedivision of state court administration may enter into contracts for anyadditional staff support that the division determines is necessary toimplement this section.
As added by P.L.98-2004, SEC.19.