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 as
a 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 accordance
with 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 under
IC 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 fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from 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 not
revert 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 taxable
to attorney or client
Sec. 7. For purposes of Indiana law, income received by the board
from the remittance of interest is not taxable to:
(1) the attorney maintaining the interest bearing attorney trust
account; or
(2) the client whose funds are deposited in the interest bearing
attorney 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 the
improvement 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 the
fund for the payment of administrative costs to the extent permitted
under section 14 of this chapter. After the payment of administrative
costs, any money disbursed by the board from the fund during that
year shall be disbursed as follows:
(1) Ninety percent (90%) of the funds shall be disbursed to
provide legal assistance to eligible clients by:
(A) qualified legal services providers; or
(B) law school clinics in Indiana that provide free civil legal
assistance to eligible clients.
(2) Ten percent (10%) of the funds shall be disbursed for
programs or projects in the public interest that assist in the
improvement of the administration of justice, including the
following:
(A) Guardian ad litem and court appointed special advocate
programs that provide guardians ad litem or court appointed
special advocates for appointment by the court:
(i) under IC 31-17-2-12 to conduct an investigation and
prepare 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 a
charge for the referral; and
(ii) an initial consultation with an attorney in private
practice 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 disbursed
under 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 improvement
of 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 disbursed
under 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 programs
or projects in the public interest that assist in the improvement of the
administration 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 section
9(1) of this chapter, the board shall primarily consider the geographic
distribution by county of persons with incomes of not more than the
current poverty threshold established by the United States Office of
Management and Budget, as indicated in the most current report
published by the Bureau of the Census. However, the board may use
other considerations in making disbursements from the fund when
demonstrable legal needs are documented by a qualified legal
services 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 board
members under IC 33-44-4-11 and IC 33-44-4-12, costs for
employees under IC 33-44-8, and all other costs of managing and
administering the fund and otherwise performing all responsibilities
of the board, may not exceed fifteen percent (15%) of the amounts
received 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 fund
disbursements
Sec. 15. The state board of accounts shall conduct an audit of the
fund at least one (1) time during each year to ensure that the fund is
administered as required by this chapter. The state board of accounts
may conduct audits of qualified legal services providers, law school
clinics, and programs or projects in the public interest that assist in
the improvement of the administration of justice as the state board of
accounts considers necessary to ensure that the money distributed to
qualified legal services providers, law school clinics, and programs
or 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.
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 as
a 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 accordance
with 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 under
IC 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 fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from 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 not
revert 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 taxable
to attorney or client
Sec. 7. For purposes of Indiana law, income received by the board
from the remittance of interest is not taxable to:
(1) the attorney maintaining the interest bearing attorney trust
account; or
(2) the client whose funds are deposited in the interest bearing
attorney 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 the
improvement 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 the
fund for the payment of administrative costs to the extent permitted
under section 14 of this chapter. After the payment of administrative
costs, any money disbursed by the board from the fund during that
year shall be disbursed as follows:
(1) Ninety percent (90%) of the funds shall be disbursed to
provide legal assistance to eligible clients by:
(A) qualified legal services providers; or
(B) law school clinics in Indiana that provide free civil legal
assistance to eligible clients.
(2) Ten percent (10%) of the funds shall be disbursed for
programs or projects in the public interest that assist in the
improvement of the administration of justice, including the
following:
(A) Guardian ad litem and court appointed special advocate
programs that provide guardians ad litem or court appointed
special advocates for appointment by the court:
(i) under IC 31-17-2-12 to conduct an investigation and
prepare 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 a
charge for the referral; and
(ii) an initial consultation with an attorney in private
practice 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 disbursed
under 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 improvement
of 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 disbursed
under 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 programs
or projects in the public interest that assist in the improvement of the
administration 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 section
9(1) of this chapter, the board shall primarily consider the geographic
distribution by county of persons with incomes of not more than the
current poverty threshold established by the United States Office of
Management and Budget, as indicated in the most current report
published by the Bureau of the Census. However, the board may use
other considerations in making disbursements from the fund when
demonstrable legal needs are documented by a qualified legal
services 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 board
members under IC 33-44-4-11 and IC 33-44-4-12, costs for
employees under IC 33-44-8, and all other costs of managing and
administering the fund and otherwise performing all responsibilities
of the board, may not exceed fifteen percent (15%) of the amounts
received 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 fund
disbursements
Sec. 15. The state board of accounts shall conduct an audit of the
fund at least one (1) time during each year to ensure that the fund is
administered as required by this chapter. The state board of accounts
may conduct audits of qualified legal services providers, law school
clinics, and programs or projects in the public interest that assist in
the improvement of the administration of justice as the state board of
accounts considers necessary to ensure that the money distributed to
qualified legal services providers, law school clinics, and programs
or 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.
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 as
a 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 accordance
with 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 under
IC 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 fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from 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 not
revert 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 taxable
to attorney or client
Sec. 7. For purposes of Indiana law, income received by the board
from the remittance of interest is not taxable to:
(1) the attorney maintaining the interest bearing attorney trust
account; or
(2) the client whose funds are deposited in the interest bearing
attorney 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 the
improvement 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 the
fund for the payment of administrative costs to the extent permitted
under section 14 of this chapter. After the payment of administrative
costs, any money disbursed by the board from the fund during that
year shall be disbursed as follows:
(1) Ninety percent (90%) of the funds shall be disbursed to
provide legal assistance to eligible clients by:
(A) qualified legal services providers; or
(B) law school clinics in Indiana that provide free civil legal
assistance to eligible clients.
(2) Ten percent (10%) of the funds shall be disbursed for
programs or projects in the public interest that assist in the
improvement of the administration of justice, including the
following:
(A) Guardian ad litem and court appointed special advocate
programs that provide guardians ad litem or court appointed
special advocates for appointment by the court:
(i) under IC 31-17-2-12 to conduct an investigation and
prepare 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 a
charge for the referral; and
(ii) an initial consultation with an attorney in private
practice 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 disbursed
under 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 improvement
of 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 disbursed
under 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 programs
or projects in the public interest that assist in the improvement of the
administration 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 section
9(1) of this chapter, the board shall primarily consider the geographic
distribution by county of persons with incomes of not more than the
current poverty threshold established by the United States Office of
Management and Budget, as indicated in the most current report
published by the Bureau of the Census. However, the board may use
other considerations in making disbursements from the fund when
demonstrable legal needs are documented by a qualified legal
services 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 board
members under IC 33-44-4-11 and IC 33-44-4-12, costs for
employees under IC 33-44-8, and all other costs of managing and
administering the fund and otherwise performing all responsibilities
of the board, may not exceed fifteen percent (15%) of the amounts
received 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 fund
disbursements
Sec. 15. The state board of accounts shall conduct an audit of the
fund at least one (1) time during each year to ensure that the fund is
administered as required by this chapter. The state board of accounts
may conduct audits of qualified legal services providers, law school
clinics, and programs or projects in the public interest that assist in
the improvement of the administration of justice as the state board of
accounts considers necessary to ensure that the money distributed to
qualified legal services providers, law school clinics, and programs
or 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.
