Ind. Code ch. 33-40-7

Ind. Code ch. 33-40-7
in effect

Ind. Code § 33-40-7-1 Application of chapter

Sec. 1. This chapter does not apply to the following counties: (1) Marion County. (2) A county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000). (3) A county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). (4) A county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000). (5) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), except as provided in sections 5 and 11 of this chapter. [Pre-2004 Recodification Citation: 33-9-15-1.] As added by P.L.98-2004, SEC.19. Amended by P.L.13-2013, SEC.82; P.L.104-2022, SEC.138.

Ind. Code § 33-40-7-2 "Board" defined

Sec. 2. As used in this chapter, "board" refers to a board established in an ordinance under section 3 of this chapter. [Pre-2004 Recodification Citation: 33-9-15-2.] As added by P.L.98-2004, SEC.19.

Ind. Code § 33-40-7-3 Establishment of board; members; terms; chairperson; meetings; termination

Sec. 3. (a) A county executive may adopt an ordinance establishing a county public defender board consisting of three (3) members. The county executive shall appoint one (1) member. The judges who exercise felony or juvenile jurisdiction in the county shall appoint by majority vote one (1) member. The Indiana commission on court appointed attorneys shall appoint one (1) member who must be a resident of the county or region managing the public defender's office. (b) The members must be persons who have demonstrated an interest in high quality legal representation for indigent persons. However, a member may not be: (1) a city, town, or county attorney; (2) a law enforcement officer; (3) a judge; (4) a court employee; (5) an attorney who provides representation to indigent persons in the county or region managed by the public defender board; (6) an employee of the department of child services; or (7) an employee of any individuals described in subdivisions (1) through (6). (c) This subsection applies to a member of the board who is appointed by the county executive. A board member serves at the pleasure of the county executive as long as the county executive retains all of the same members who served on the body when the individual was appointed. (d) Each member of the board serves a three (3) year term beginning with the date of the member's appointment. A member appointed to fill a vacancy holds office for the remainder of the previous member's term. If a successor has not been appointed by the end of a member's three (3) year term, the member continues in office until the member's successor takes office. In the case of a county public defender board established before July 1, 2019, the appointment by the Indiana commission on court appointed attorneys shall begin upon the first expiration of a current term of a member appointed by the judges who exercise felony or juvenile jurisdiction in the county. (e) The members shall, by a majority vote, elect one (1) member to serve as chairperson. (f) Meetings shall be held at least quarterly and may be held at other times during the year at the call of the: (1) chairperson; or (2) other two (2) members. (g) A county executive may terminate the board by giving at least ninety (90) days written notice to the judges described in subsection (a). [Pre-2004 Recodification Citation: 33-9-15-3.] As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.4; P.L.111-2024, SEC.11; P.L.40-2026, SEC.8.

Ind. Code § 33-40-7-3.5 Creation of multicounty public defender's office; joint board

Sec. 3.5. (a) A county executive may adopt an ordinance allowing the county to enter into an interlocal agreement (as described in IC 36-1-7-3) with one (1) or more counties for the purpose of: (1) creating a multicounty public defender's office; and (2) providing legal defense services to indigent persons located in the counties served by the multicounty public defender's office. (b) An agreement described in subsection (a) shall: (1) require any created multicounty public defender's office to be administered by a joint board (as described in IC 36-1-7-3(a)(5)(B)); and (2) delegate, to an auditor of one (1) of the constituent counties comprising the multicounty public defender's office, the duty to receive, disburse, and account for all monies distributed to the multicounty public defender's office. (c) Notwithstanding any guidelines and standards adopted by the Indiana commission on court appointed attorneys under IC 33-40-5-4, the members of a joint board shall be persons who have demonstrated an interest in high quality legal representation for indigent persons. (d) Notwithstanding any other law or provision, a member of the joint board may not be: (1) a city, town, or county attorney; (2) a law enforcement officer; (3) a judge; (4) a court employee; (5) an employee of the department of child services; (6) an attorney who provides representation to indigent persons in one (1) or more of the counties served by the multicounty public defender's office being administered by the joint board; or (7) an employee of any individuals described in subdivisions (1) through (6). (e) Each member of the joint board shall serve a three (3) year term that begins on the date of the member's appointment to the joint board. (f) This subsection applies to a member of the board who is appointed by the county executive. An individual who is appointed a board member serves at the pleasure of the county executive as long as the county executive retains all of the same members who served on the body when the individual was appointed. (g) A member appointed to the joint board for the purpose of filling a vacancy shall serve a term limited to the duration of the previous member's term. (h) If a successor has not been appointed before the end of a member's three (3) year term, the current member of the joint board shall continue the member's service until the member's successor: (1) has been appointed; and (2) is able to begin the member's term. (i) The members shall, by a majority vote, elect one (1) member to serve as a chairperson. (j) The joint board shall meet on a quarterly basis. The joint board may convene additional meetings upon the request of: (1) the chairperson; or (2) two (2) serving members of the joint board. As added by P.L.69-2019, SEC.5. Amended by P.L.111-2024, SEC.12; P.L.40-2026, SEC.9.

Ind. Code § 33-40-7-4 Reimbursement for expenses

Sec. 4. A member is entitled to reimbursement from the county for traveling expenses and other expenses actually incurred in connection with the member's duties to the same extent as is provided to a state employee for traveling expenses and other expenses under the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. [Pre-2004 Recodification Citation: 33-9-15-4.] As added by P.L.98-2004, SEC.19.

Ind. Code § 33-40-7-5 Comprehensive plan

Sec. 5. (a) The board, or joint board of a multicounty public defender's office created under section 3.5 of this chapter, shall prepare a comprehensive plan that must include at least one (1) of the following methods of providing legal defense services to indigent persons: (1) Establishing a county or multicounty public defender's office. (2) Contracting with an attorney, a group of attorneys, or a private organization. (3) Using an assigned counsel system of panel attorneys for case by case appointments under section 9 of this chapter. (4) In a county described in section 1(5) of this chapter, establishing a public defender's office for the criminal division of the superior court. (b) The plan prepared under subsection (a) shall be submitted to the Indiana commission on court appointed attorneys. (c) If a multicounty public defender's joint board is established under section 3.5 of this chapter, the comprehensive plan shall establish a multicounty public defender's office. [Pre-2004 Recodification Citation: 33-9-15-5.] As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.6; P.L.104-2022, SEC.139; P.L.111-2024, SEC.13.

Ind. Code § 33-40-7-6 Duties of board; term, removal, and qualifications of county public defender

Sec. 6. (a) For purposes of this section, the term "board" includes a joint board created by an interlocal agreement under section 3.5 of this chapter. (b) If a county or multicounty public defender's office is established under this chapter, the board shall do the following: (1) Recommend to the county fiscal body or (in the case of a multicounty public defender's office) the fiscal body of each county that is a participant in the interlocal agreement under section 3.5 of this chapter an annual operating budget for the county or multicounty public defender's office. (2) Appoint a county or multicounty public defender. (3) Submit an annual report to the county executive, the county fiscal body, and the judges described in section 3 of this chapter regarding the operation of the county or multicounty public defender's office, including information relating to caseloads and expenditures. (c) A county or multicounty public defender shall be appointed for a term not less than four (4) years and may be reappointed. The county or multicounty public defender may be removed from office only upon a showing of good cause. An attorney must be admitted to the practice of law in Indiana for at least two (2) years before the attorney is eligible for appointment as a county or multicounty public defender. [Pre-2004 Recodification Citation: 33-9-15-6.] As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.7.

Ind. Code § 33-40-7-7 Duties of county or multicounty public defender

Sec. 7. A county or multicounty 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 of the office after the staff positions are recommended by the board and approved by the county executive and the fiscal body or by the joint board of a multicounty office. (3) Keep and maintain records of all cases handled by the office and report at least annually to the board and the Indiana commission on court appointed attorneys concerning the operation of the office, costs, and projected needs. [Pre-2004 Recodification Citation: 33-9-15-7.] As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.8; P.L.111-2024, SEC.14.

Ind. Code § 33-40-7-8 Contracts to provide legal representation

Sec. 8. (a) A county public defender may contract with an attorney, a group of attorneys, or a private organization to provide legal representation under this chapter. (b) The board shall establish the provisions of the contract under this section. (c) The county fiscal body shall appropriate an amount sufficient to meet the obligations of the contract. [Pre-2004 Recodification Citation: 33-9-15-8.] As added by P.L.98-2004, SEC.19.

Ind. Code § 33-40-7-9 Assigned counsel system

Sec. 9. The board may establish an assigned counsel system of panel attorneys to provide legal representation under this chapter that shall operate as follows: (1) The board shall gather and maintain a list of attorneys qualified to represent indigent defendants. (2) Upon the determination by a court that a person is indigent and entitled to legal representation at public expense, the court shall appoint an attorney to provide the representation from the list maintained by the board. (3) An attorney appointed to provide representation under this section may request authorization from the judge hearing the case for expenditures for investigative services, expert witnesses, or other services necessary to provide adequate legal representation. (4) An attorney appointed to provide representation under this section is entitled to receive compensation and reimbursement for budgeted expenses by submitting a voucher to the court. Upon approval of the voucher by the appropriate judge, the voucher shall be presented to the county auditor who shall process the claim as other claims against county funds are processed. (5) An attorney appointed to provide representation under this section shall, upon completion of representation, report to the board information regarding the case disposition. [Pre-2004 Recodification Citation: 33-9-15-9.] As added by P.L.98-2004, SEC.19.

Ind. Code § 33-40-7-10 Court appointment of counsel or co-counsel

Sec. 10. (a) This chapter does not prevent a court from appointing counsel other than counsel provided for under the board's plan for providing defense services to an indigent person when the interests of justice require. A court may also appoint counsel to assist counsel provided for under the board's plan as co-counsel when the interests of justice require. Expenditures by a county for defense services not provided under the county public defender board's plan are not subject to reimbursement from the public defense fund under IC 33-40-6. (b) A judge of a court having criminal jurisdiction may make a written request to the state public defender to provide a qualified attorney for the defense of a person charged in the court with a criminal offense and eligible for representation at public expense if the judge determines: (1) that an attorney provided under the county public defender board's plan is not qualified or available to represent the person; or (2) that in the interests of justice an attorney other than the attorney provided for by the county defender board's plan should be appointed. The judge shall attach to the request a copy of the information or indictment. Expenditures for representation under this subsection shall be paid by the county according to a fee schedule approved by the commission. These expenditures are eligible for reimbursement from the public defense fund. [Pre-2004 Recodification Citation: 33-9-15-10.] As added by P.L.98-2004, SEC.19.

Ind. Code § 33-40-7-11 Expenditures; reimbursement

Sec. 11. (a) For purposes of this section, the term "county auditor" includes a person who: (1) is the auditor of a county that is a member of a multicounty public defender's office described in section 3.5 of this chapter; and (2) is responsible for the receipt, disbursement, and accounting of all monies distributed to the multicounty public defender's office. (b) A county public defender board or the joint board of a multicounty public defender's office shall submit a written request for reimbursement to the county auditor. The request must set forth the total of the county's or multicounty public defender's office's expenditures for indigent defense services to the county auditor and may be limited in a county described in section 1(5) of this chapter to expenditures for indigent defense services provided by a particular division of a court. The county auditor shall review the request and certify the total of the county's or multicounty's expenditures for indigent defense services to the Indiana commission on court appointed attorneys. (c) Except as provided in subsection (d), upon certification by the Indiana commission on court appointed attorneys that the county's or multicounty public defender's office's indigent defense services meet the commission's standards, the state comptroller shall issue a warrant to the treasurer of state for disbursement to the county of a sum equal to forty percent (40%) of the county's or multicounty public defender's office's certified expenditures for indigent defense services provided in noncapital cases except misdemeanors. (d) This subsection applies to a county that is one (1) of up to twelve (12) counties that shall be selected by the Indiana commission on court appointed attorneys based on population and geographic diversity. Upon certification by the Indiana commission on court appointed attorneys that the county's or multicounty public defender's office's indigent defense services meet the commission's standards, the state comptroller shall issue a warrant to the treasurer of state for disbursement to the county of a sum that is up to forty percent (40%) of the county's or multicounty public defender's office's certified expenditures for indigent defense services provided for misdemeanor cases. This subsection expires June 30, 2029. (e) If a county's indigent defense services fail to meet the standards adopted by the Indiana commission on court appointed attorneys, the Indiana commission on court appointed attorneys shall notify the county public defender board or the joint board of a multicounty public defender's office and the county fiscal body of the failure to comply with the commission's standards. Unless the county or multicounty public defender board corrects the deficiencies to comply with the standards not more than ninety (90) days after the date of the notice, the county's or multicounty's eligibility for reimbursement from the public defense fund terminates at the close of that fiscal year. (f) A county or multicounty public defender's office shall submit to the Indiana commission on court appointed attorneys information to be included in the annual report under IC 33-40-5-4(a)(5) regarding expenses reported to the county auditor for reimbursement by the Indiana commission on court appointed attorneys. [Pre-2004 Recodification Citation: 33-9-15-10.5.] As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.9; P.L.104-2022, SEC.140; P.L.9-2024, SEC.523; P.L.111-2024, SEC.15.

Ind. Code § 33-40-7-12 Conflict of interest

Sec. 12. A county or multicounty public defender, a contract attorney, or counsel appointed by the court to provide legal defense services to indigent persons may not be a partner or an employee at the same law firm that employs the county's prosecuting attorney or a deputy prosecuting attorney in a private capacity. [Pre-2004 Recodification Citation: 33-9-15-11.] As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.10.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026

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