§ 33-24-12-4 — Eligibility requirements for receipt of funds

To be eligible for the receipt of funds under
this chapter, a legal services provider must meet the following
requirements:
(1) The legal services provider must have been:
(A) incorporated before July 2, 1997; or
(B) incorporated and providing civil legal aid to the indigent for
three (3) years immediately preceding the application for funds
from the civil legal aid fund.
(2) The legal services provider must submit an opt-in form to the
chief administrative officer of the office of judicial administration
before May 2 of each year. The form must include the following
information:
(A) The name, address, and telephone number of the legal
services provider.
(B) The Internal Revenue Code 501(c)(3) form of the legal
services provider.
(C) The name and address of the chief administrative officer
and board president of the legal services provider.
(D) A list of all counties within the incorporated service area of
the legal services provider.
(E) Certification that the legal services provider has provided
legal services to indigent individuals within its service area for
the preceding three (3) years and that the legal services
provider will continue to provide legal services to the indigent
for the year following receipt of funds from the civil legal aid
fund.
(3) The legal services provider may not use funds provided under
this chapter to do any of the following:
(A) Make available funds, personnel, or equipment for use in
advocating or opposing a plan or proposal, represent a party, or
participate in litigation that is intended to or has the effect of
altering, revising, or reapportioning a legislative, a judicial, or
an elective district at any level of government, including
influencing the timing or manner of the taking of a census.
(B) Attempt to influence the issuance, amendment, or
revocation of an executive order, regulation, or other statement
of general applicability and future effect by a federal, state, or
local agency.
(C) Attempt to influence an adjudicatory proceeding of a
federal, state, or local agency if such part of the proceeding is
designed for the formulation or modification of an agency
policy of general applicability and future effect.
(D) Attempt to influence the passage or defeat of legislation, a
constitutional amendment, a referendum, an initiative, or
similar procedure of the Congress, a state, or a local legislative
body.
(E) Attempt to influence the conduct of oversight proceedings
of the Legal Services Corporation or a person or an entity
receiving financial assistance provided by the Legal Services
Corporation.
(F) Pay for a personal service, an advertisement, a telegram, a
telephone communication, a letter, printed or written matter, an
administrative expense, or a related expense, associated with an
activity prohibited in this subdivision.
(G) Initiate or participate in a class action suit.
(H) Support or conduct a training program for the purpose of
advocating a particular public policy or encouraging a political
activity, a labor or an antilabor activity, a boycott, picketing, a
strike, or a demonstration, including the dissemination of
information about such a policy or activity. However, this
clause may not be construed to prohibit the training of an
attorney or a paralegal in the provision of:
(i) adequate legal assistance to eligible clients; or
(ii) advice to an eligible client as to the legal rights of the
client.
(I) Participate in litigation:
(i) on behalf of a person incarcerated in a federal, state, or
local prison; or
(ii) arising out of the incarceration of a person described in
item (i).
(J) Initiate or participate in a civil lawsuit against the state or a
state agency that is intended to invalidate:
(i) a state statute;
(ii) an executive order; or
(iii) a rule within the Indiana Administrative Code.
[Pre-2004 Recodification Citation: 33-2.1-11-4.]

Legislative History

As added by P.L.98-2004, SEC.3. Amended by P.L.161-2018, SEC.67; P.L.8-2025, SEC.1.