CHAPTER 7. INDIANA ATTORNEY TRUST ACCOUNT FUND
IC 33-44-7
Chapter 7. Indiana Attorney Trust Account Fund
IC 33-44-7-1
Establishment
Sec. 1. The Indiana attorney trust account fund is established asa trust fund to be used solely as provided under this article.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-2
Administration
Sec. 2. The fund shall be administered by the board in accordancewith rules adopted under IC 4-22-2 by the board.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-3
Deposit of interest remitted
Sec. 3. The board shall deposit the interest remitted underIC 33-44-6-4 into the fund.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-4
Public fund
Sec. 4. The money in the fund consists of public funds.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-5
Investment of funds
Sec. 5. The treasurer of state shall invest the money in the fundnot currently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-6
Nonreversion of money in fund
Sec. 6. Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-7
Income received by board from remittance of interest not taxableto attorney or client
Sec. 7. For purposes of Indiana law, income received by the boardfrom the remittance of interest is not taxable to:
(1) the attorney maintaining the interest bearing attorney trustaccount; or
(2) the client whose funds are deposited in the interest bearingattorney trust account.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-8
Disbursements; limitations
Sec. 8. The board may not disburse money in the fund except for:
(1) the delivery of civil legal assistance to eligible clients;
(2) programs or projects in the public interest that assist in theimprovement of the administration of justice; and
(3) administrative costs.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-9
Order and amount of disbursements
Sec. 9. During each year the board shall disburse money from thefund for the payment of administrative costs to the extent permittedunder section 14 of this chapter. After the payment of administrativecosts, any money disbursed by the board from the fund during thatyear shall be disbursed as follows:
(1) Ninety percent (90%) of the funds shall be disbursed toprovide legal assistance to eligible clients by:
(A) qualified legal services providers; or
(B) law school clinics in Indiana that provide free civil legalassistance to eligible clients.
(2) Ten percent (10%) of the funds shall be disbursed forprograms or projects in the public interest that assist in theimprovement of the administration of justice, including thefollowing:
(A) Guardian ad litem and court appointed special advocateprograms that provide guardians ad litem or court appointedspecial advocates for appointment by the court:
(i) under IC 31-17-2-12 to conduct an investigation andprepare a report in a custody proceeding; or
(ii) under IC 31-33-15-1, IC 31-34-10, or IC 31-40.
(B) Lawyer referral services in Indiana that provide:
(i) a referral to an attorney in private practice without acharge for the referral; and
(ii) an initial consultation with an attorney in privatepractice without a charge for the consultation;
in a fee generating case.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-10
Receipt of disbursed funds for legal assistance to eligible clients;eligibility for other funds
Sec. 10. An entity that receives funds disbursed under section 9(1)of this chapter during a year is not eligible to receive funds disbursedunder section 9(2) of this chapter during that year.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-11
Receipt of disbursed funds for programs assisting in improvementof administration of justice; eligibility for other funds Sec. 11. An entity that receives funds disbursed under section 9(2)of this chapter during a year is not eligible to receive funds disbursedunder section 9(1) of this chapter during that year.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-12
Contracts; award of grants
Sec. 12. The board shall periodically:
(1) enter into contracts with; and
(2) award grants to;
qualified legal services providers, law school clinics, and programsor projects in the public interest that assist in the improvement of theadministration of justice to carry out the purpose of the fund.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-13
Considerations in making disbursements
Sec. 13. In making disbursements from the fund under section9(1) of this chapter, the board shall primarily consider the geographicdistribution by county of persons with incomes of not more than thecurrent poverty threshold established by the United States Office ofManagement and Budget, as indicated in the most current reportpublished by the Bureau of the Census. However, the board may useother considerations in making disbursements from the fund whendemonstrable legal needs are documented by a qualified legalservices provider.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-14
Total administrative costs; maximum
Sec. 14. Total administrative costs, including payments to boardmembers under IC 33-44-4-11 and IC 33-44-4-12, costs foremployees under IC 33-44-8, and all other costs of managing andadministering the fund and otherwise performing all responsibilitiesof the board, may not exceed fifteen percent (15%) of the amountsreceived into the fund from interest bearing attorney trust accounts.
As added by P.L.98-2004, SEC.23.
IC 33-44-7-15
Annual audit of fund; audits of providers receiving funddisbursements
Sec. 15. The state board of accounts shall conduct an audit of thefund at least one (1) time during each year to ensure that the fund isadministered as required by this chapter. The state board of accountsmay conduct audits of qualified legal services providers, law schoolclinics, and programs or projects in the public interest that assist inthe improvement of the administration of justice as the state board ofaccounts considers necessary to ensure that the money distributed toqualified legal services providers, law school clinics, and programsor projects in the public interest that assist in the improvement of the
administration of justice is being used as required by this article.
As added by P.L.98-2004, SEC.23.