§ 33-40-7-10 — Court appointment of counsel or co-counsel

(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.]

Legislative History

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