§ 34-10-1-2 — Assignment of attorney

Indiana § 34-10-1-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 10: ACCESS TO COURTS BY INDIGENT PERSONS
• Ch. 1: Proceeding as an Indigent Person

Text

(a) This section may not be construed to
prohibit a court from participating in a pro bono legal services program
or other program that provides legal services to litigants:
(1) without charge; or
(2) at a reduced fee.
(b) If the court is satisfied that a person who makes an application
described in section 1 of this chapter does not have sufficient means to
prosecute or defend the action, the court:
(1) shall admit the applicant to prosecute or defend as an indigent
person; and
(2) may, under exceptional circumstances, assign an attorney to
defend or prosecute the cause.
(c) The factors that a court may consider under subsection (b)(2)
include the following:
(1) The likelihood of the applicant prevailing on the merits of the
applicant's claim or defense.
(2) The applicant's ability to investigate and present the
applicant's claims or defenses without an attorney, given the type
and complexity of the facts and legal issues in the action.
(d) The court shall deny an application made under section 1 of this
chapter if the court determines any of the following:
(1) The applicant failed to make a diligent effort to obtain an
attorney before filing the application.
(2) The applicant is unlikely to prevail on the applicant's claim or
defense.
(e) All officers required to prosecute or defend the action shall do
their duty in the case without taking any fee or reward from the
indigent person.
(f) The reasonable attorney's fees and expenses of an attorney
appointed to represent an applicant under section 1 of this chapter shall
be paid from the money appropriated to the court:
(1) appointing the attorney, if the action was not transferred to
another county; or
(2) from which the action was transferred, if the action was
transferred to another county.
[Pre-1998 Recodification Citation: 34-1-1-3 part.]

Legislative History

As added by P.L.1-1998, SEC.5. Amended by P.L.125-2002, SEC.1.