Indiana § 33-40-7-3.5 Creation of multicounty public defender's office; joint board

Indiana Statutes

§ 33-40-7-3.5 — Creation of multicounty public defender's office; joint board

Indiana § 33-40-7-3.5

Art. 40PUBLIC DEFENDERS

Ch. 7County Public Defender Boards

This text of Indiana § 33-40-7-3.5 (Creation of multicounty public defender's office; joint board) 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 § 33-40-7-3.5 (2026).

Text

5.

(a)A county executive may adopt an ordinance allowing the county to enter into an interlocal agreement (as described in IC 36-1-7-3) with one (1) or more counties for the purpose of:

(1)creating a multicounty public defender's office; and

(2)providing legal defense services to indigent persons located in the counties served by the multicounty public defender's office.

(b)An agreement described in subsection (a) shall:

(1)require any created multicounty public defender's office to be administered by a joint board (as described in IC 36-1-7-3(a)(5)(B)); and

(2)delegate, to an auditor of one (1) of the constituent counties comprising the multicounty public defender's office, the duty to receive, disburse, and account for all monies distributed to the multicounty public defender's off

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5. (a) A county executive may adopt an
ordinance allowing the county to enter into an interlocal agreement (as
described in IC 36-1-7-3) with one (1) or more counties for the purpose
of:
(1) creating a multicounty public defender's office; and
(2) providing legal defense services to indigent persons located in
the counties served by the multicounty public defender's office.
(b) An agreement described in subsection (a) shall:
(1) require any created multicounty public defender's office to be
administered by a joint board (as described in IC 36-1-7-3(a)(5)(B)); and
(2) delegate, to an auditor of one (1) of the constituent counties
comprising the multicounty public defender's office, the duty to
receive, disburse, and account for all monies distributed to the
multicounty public defender's office.
(c) Notwithstanding any guidelines and standards adopted by the
Indiana commission on court appointed attorneys under IC 33-40-5-4,
the members of a joint board shall be persons who have demonstrated
an interest in high quality legal representation for indigent persons.
(d) Notwithstanding any other law or provision, a member of the
joint board may not be:
(1) a city, town, or county attorney;
(2) a law enforcement officer;
(3) a judge;
(4) a court employee;
(5) an employee of the department of child services;
(6) an attorney who provides representation to indigent persons in
one (1) or more of the counties served by the multicounty public
defender's office being administered by the joint board; or
(7) an employee of any individuals described in subdivisions (1)
through (6).
(e) Each member of the joint board shall serve a three (3) year term
that begins on the date of the member's appointment to the joint board.
(f) A member appointed to the joint board for the purpose of filling
a vacancy shall serve a term limited to the duration of the previous
member's term.
(g) If a successor has not been appointed before the end of a
member's three (3) year term, the current member of the joint board
shall continue the member's service until the member's successor:
(1) has been appointed; and
(2) is able to begin the member's term.
(h) The members shall, by a majority vote, elect one (1) member to
serve as a chairperson.
(i) The joint board shall meet on a quarterly basis. The joint board
may convene additional meetings upon the request of:
(1) the chairperson; or
(2) two (2) serving members of the joint board.