Indiana § 35-36-6-9 Prosecuting attorney; pauper counsel; appointment; reimbursement for
fees and expenses

Indiana Statutes

§ 35-36-6-9 — Prosecuting attorney; pauper counsel; appointment; reimbursement for fees and expenses

Indiana § 35-36-6-9

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 6Change of Venue

This text of Indiana § 35-36-6-9 (Prosecuting attorney; pauper counsel; appointment; reimbursement for fees and expenses) 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 § 35-36-6-9 (2026).

Text

(a)In a criminal prosecution, if a change of venue has been taken from the county in which the prosecution originated, the prosecuting attorney from the original county shall prosecute the case in the trial court to which the case was venued. The trial court to which the case was venued may appoint a prosecuting attorney to assist on the case.

(b)In a case described in subsection (a), if the defendant is entitled to pauper counsel, the original trial court shall furnish pauper counsel. The trial court to which the case was venued may remove from the case the pauper counsel furnished by the original trial court, and:

(1)request the original trial court to furnish another pauper counsel;

(2)appoint pauper counsel of its choice; or

(3)request the public defender of the state of Indiana t

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(a) In a criminal prosecution, if a change of
venue has been taken from the county in which the prosecution
originated, the prosecuting attorney from the original county shall
prosecute the case in the trial court to which the case was venued. The
trial court to which the case was venued may appoint a prosecuting
attorney to assist on the case.
(b) In a case described in subsection (a), if the defendant is entitled
to pauper counsel, the original trial court shall furnish pauper counsel.
The trial court to which the case was venued may remove from the case
the pauper counsel furnished by the original trial court, and:
(1) request the original trial court to furnish another pauper
counsel;
(2) appoint pauper counsel of its choice; or
(3) request the public defender of the state of Indiana to provide
counsel under IC 33-40-2.
(c) The original trial court shall determine the amount of the fee and
the expenses incurred by the pauper counsel and shall order the
appropriate reimbursement to be paid to him by the county in which the
prosecution originated. The fees and expenses of a public defender
appointed under IC 33-40-2 shall be paid in accordance with that
chapter.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.98-2004, SEC.147.