CHAPTER 7. COUNTY PUBLIC DEFENDER BOARDS
IC 33-40-7
Chapter 7. County Public Defender Boards
IC 33-40-7-1
Applicability of chapter
Sec. 1. This chapter does not apply to a county that:
(1) contains a consolidated city;
(2) has a population of:
(A) more than three hundred thousand (300,000) but lessthan four hundred thousand (400,000);
(B) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000); or
(C) more than one hundred seventy thousand (170,000) butless than one hundred eighty thousand (180,000); or
(3) has a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000),except as provided in sections 5 and 11 of this chapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-2
"Board" defined
Sec. 2. As used in this chapter, "board" refers to a boardestablished in an ordinance under section 3 of this chapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-3
Establishment of board; members; terms; chairperson; meetings;termination
Sec. 3. (a) A county executive may adopt an ordinanceestablishing a county public defender board consisting of three (3)members. The county executive shall appoint one (1) member. Thejudges who exercise felony or juvenile jurisdiction in the countyshall appoint by majority vote the other two (2) members.
(b) The members appointed by the judges may not be from thesame political party. The members must be persons who havedemonstrated an interest in high quality legal representation forindigent persons. However, a member may not be a city, town, orcounty attorney, a law enforcement officer, a judge, or a courtemployee.
(c) Each member of the board serves a three (3) year termbeginning with the date of the member's appointment. A memberappointed to fill a vacancy holds office for the remainder of theprevious member's term. If a successor has not been appointed by theend of a member's three (3) year term, the member continues inoffice until the member's successor takes office.
(d) The members shall, by a majority vote, elect one (1) memberto serve as chairperson.
(e) Meetings shall be held at least quarterly and may be held atother times during the year at the call of the:
(1) chairperson; or (2) other two (2) members.
(f) A county executive may terminate the board by giving at leastninety (90) days written notice to the judges described in subsection(a).
As added by P.L.98-2004, SEC.19.
IC 33-40-7-4
Reimbursement for expenses
Sec. 4. A member is entitled to reimbursement from the county fortraveling expenses and other expenses actually incurred inconnection with the member's duties to the same extent as isprovided to a state employee for traveling expenses and otherexpenses under the state travel policies and procedures establishedby the Indiana department of administration and approved by thebudget agency.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-5
Comprehensive plan
Sec. 5. (a) The board shall prepare a comprehensive plan thatmust include at least one (1) of the following methods of providinglegal defense services to indigent persons:
(1) Establishing a county public defender's office.
(2) Contracting with an attorney, a group of attorneys, or aprivate organization.
(3) Using an assigned counsel system of panel attorneys forcase by case appointments under section 9 of this chapter.
(4) In a county described in section 1(3) of this chapter,establishing a public defender's office for the criminal divisionof the superior court.
(b) The plan prepared under subsection (a) shall be submitted tothe Indiana public defender commission.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-6
Duties of board; term, removal, and qualifications of county publicdefender
Sec. 6. (a) If a county public defender's office is established underthis chapter, the board shall do the following:
(1) Recommend to the county fiscal body an annual operatingbudget for the county public defender's office.
(2) Appoint a county public defender.
(3) Submit an annual report to the county executive, the countyfiscal body, and the judges described in section 3 of this chapterregarding the operation of the county public defender's office,including information relating to caseloads and expenditures.
(b) A county public defender shall be appointed for a term not toexceed four (4) years and may be reappointed. The county publicdefender may be removed from office only upon a showing of goodcause. An attorney must be admitted to the practice of law in Indiana
for at least two (2) years before the attorney is eligible forappointment as a county public defender.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-7
Duties of county public defender
Sec. 7. A county public defender shall do the following:
(1) Maintain an office as approved by the board.
(2) Hire and supervise staff necessary to perform the services ofthe office after the staff positions are recommended by theboard and approved by the county executive and the fiscal body.
(3) Keep and maintain records of all cases handled by the officeand report at least annually to the board and the Indiana publicdefender commission concerning the operation of the office,costs, and projected needs.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-8
Contracts to provide legal representation
Sec. 8. (a) A county public defender may contract with anattorney, a group of attorneys, or a private organization to providelegal representation under this chapter.
(b) The board shall establish the provisions of the contract underthis section.
(c) The county fiscal body shall appropriate an amount sufficientto meet the obligations of the contract.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-9
Assigned counsel system
Sec. 9. The board may establish an assigned counsel system ofpanel attorneys to provide legal representation under this chapter thatshall operate as follows:
(1) The board shall gather and maintain a list of attorneysqualified to represent indigent defendants.
(2) Upon the determination by a court that a person is indigentand entitled to legal representation at public expense, the courtshall appoint an attorney to provide the representation from thelist maintained by the board.
(3) An attorney appointed to provide representation under thissection may request authorization from the judge hearing thecase for expenditures for investigative services, expertwitnesses, or other services necessary to provide adequate legalrepresentation.
(4) An attorney appointed to provide representation under thissection is entitled to receive compensation and reimbursementfor budgeted expenses by submitting a voucher to the court.Upon approval of the voucher by the appropriate judge, thevoucher shall be presented to the county auditor who shallprocess the claim as other claims against county funds are
processed.
(5) An attorney appointed to provide representation under thissection shall, upon completion of representation, report to theboard information regarding the case disposition.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-10
Court appointment of counsel or co-counsel
Sec. 10. (a) This chapter does not prevent a court from appointingcounsel other than counsel provided for under the board's plan forproviding defense services to an indigent person when the interestsof justice require. A court may also appoint counsel to assist counselprovided for under the board's plan as co-counsel when the interestsof justice require. Expenditures by a county for defense services notprovided under the county public defender board's plan are notsubject to reimbursement from the public defense fund underIC 33-40-6.
(b) A judge of a court having criminal jurisdiction may make awritten request to the state public defender to provide a qualifiedattorney for the defense of a person charged in the court with acriminal offense and eligible for representation at public expense ifthe judge determines:
(1) that an attorney provided under the county public defenderboard's plan is not qualified or available to represent the person;or
(2) that in the interests of justice an attorney other than theattorney provided for by the county defender board's planshould be appointed.
The judge shall attach to the request a copy of the information orindictment. Expenditures for representation under this subsectionshall be paid by the county according to a fee schedule approved bythe commission. These expenditures are eligible for reimbursementfrom the public defense fund.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-11
Expenditures; reimbursement
Sec. 11. (a) A county public defender board shall submit a writtenrequest for reimbursement to the county auditor. The request must setforth the total of the county's expenditures for indigent defenseservices to the county auditor and may be limited in a countydescribed in section 1(3) of this chapter to expenditures for indigentdefense services provided by a particular division of a court. Thecounty auditor shall review the request and certify the total of thecounty's expenditures for indigent defense services to the Indianapublic defender commission.
(b) Upon certification by the Indiana public defender commissionthat the county's indigent defense services meet the commission'sstandards, the auditor of state shall issue a warrant to the treasurer ofstate for disbursement to the county of a sum equal to forty percent
(40%) of the county's certified expenditures for indigent defenseservices provided in noncapital cases except misdemeanors.
(c) If a county's indigent defense services fail to meet thestandards adopted by the Indiana public defender commission, thepublic defender commission shall notify the county public defenderboard and the county fiscal body of the failure to comply with theIndiana public defender commission's standards. Unless the countypublic defender board corrects the deficiencies to comply with thestandards not more than ninety (90) days after the date of the notice,the county's eligibility for reimbursement from the public defensefund terminates at the close of that fiscal year.
As added by P.L.98-2004, SEC.19.
IC 33-40-7-12
Conflict of interest
Sec. 12. A county public defender, a contract attorney, or counselappointed by the court to provide legal defense services to indigentpersons may not be a partner or an employee at the same law firmthat employs the county's prosecuting attorney or a deputyprosecuting attorney in a private capacity.
As added by P.L.98-2004, SEC.19.