§ 33-40-2-1 — Request to state public defender

(a) Upon a determination by the judge of any
court having criminal jurisdiction that:
(1) the court is unable within a reasonable time to appoint an
available attorney, public defender or otherwise, who is
competent in the practice of law in criminal cases as legal counsel
for any person charged in the court with a criminal offense and
who does not have sufficient means to employ an attorney; or
(2) in the interest of justice an attorney from another judicial
circuit, not regularly practicing in the court, should be appointed
to defend the indigent defendant or appeal the defendant's case,
but the judge is unable within a reasonable time to provide for the
direct appointment of an attorney;
the judge may make written request to the state public defender to
provide a qualified attorney for the defense of the indigent person.
(b) The judge shall attach to the written request a copy of the
affidavit or indictment, and state in the request the amount of the
applicable minimum fee to be paid for the legal services of defense
counsel in the case, subject to:
(1) any additional amount reasonable under all the circumstances
of the case, to be determined and approved by the judge upon the
final determination of the case; and
(2) reasonable partial allowances as may be approved and ordered
by the judge pending final determination.
[Pre-2004 Recodification Citation: 33-9-11-1.]

Legislative History

As added by P.L.98-2004, SEC.19.