§ 33-40-5-4 — Duties

Indiana § 33-40-5-4

• Jurisdiction: Indiana
• Art. 40: PUBLIC DEFENDERS
• Ch. 5: Commission on Court Appointed Attorneys

Text

(a) The commission shall do the following:
(1) Make recommendations to the supreme court concerning
standards for indigent defense services provided for defendants
against whom the state has sought the death sentence under IC 35-50-2-9, including the following:
(A) Determining indigency and eligibility for legal
representation.
(B) Selection and qualifications of attorneys to represent
indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services necessary
to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense services
under which the counties will be eligible for reimbursement under
IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal
representation.
(B) The issuance and enforcement of orders requiring the
defendant to pay for the costs of court appointed legal
representation under IC 33-40-3.
(C) The use and expenditure of funds in the county
supplemental public defender services fund established under
IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent defendants
at public expense.
(E) Compensation rates for salaried, contractual, and assigned
counsel.
(F) Minimum and maximum caseloads of public defender
offices and contract attorneys.
(G) Requirements concerning the creation and operation of a
multicounty public defender's office created under an interlocal
agreement as described in IC 33-40-7-3.5.
(3) Make recommendations concerning the delivery of indigent
defense services in Indiana, including the funding and delivery of
indigent defense services for juveniles.
(4) Make an annual report to the governor, the general assembly,
and the supreme court on the operation of the public defense fund.
(5) Make a report not later than December 1, 2029, to the
legislative council and the budget committee concerning the up
to forty percent (40%) reimbursement from the public defense
fund for indigent defense services for misdemeanor cases under
IC 33-40-6-4(d), IC 33-40-6-5(c), and IC 33-40-7-11(d).
(6) On or before July 1, 2031, and July 1 biennially thereafter, the
commission shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in
accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report
shall describe:
(A) official action taken; and
(B) actionable items considered;
by the commission during the preceding two (2) years.
(b) The commission must provide data and statistics concerning
how the reimbursement has impacted attorney appointment rates, jail
population, trial rates, and case outcomes in the report under subsection
(a)(5).
(c) The report to the general assembly under subsection (a)(4) and
to the legislative council under subsection (a)(5) must be in an
electronic format under IC 5-14-6.
(d) The commission shall not:
(1) receive any additional appropriations from the general
assembly for misdemeanor reimbursement; or
(2) reimburse a county other than a county described in IC 33-40-6-4(d) for misdemeanor reimbursement;
before July 1, 2029
[Pre-2004 Recodification Citation: 33-9-13-3.]

Legislative History

As added by P.L.98-2004, SEC.19. Amended by P.L.187-2015, SEC.41; P.L.69-2019, SEC.1; P.L.111-2024, SEC.7; P.L.161-2025, SEC.31.