Indiana § 33-40-7-3 Establishment of board; members; terms; chairperson; meetings;
termination

Indiana Statutes

§ 33-40-7-3 — Establishment of board; members; terms; chairperson; meetings; termination

Indiana § 33-40-7-3

Art. 40PUBLIC DEFENDERS

Ch. 7County Public Defender Boards

This text of Indiana § 33-40-7-3 (Establishment of board; members; terms; chairperson; meetings; termination) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 33-40-7-3 (2026).

Text

(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 re

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(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) 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.
(d) The members shall, by a majority vote, elect one (1) member to
serve as chairperson.
(e) 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.
(f) 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.]