Sec. 2. (a) The Indiana public defender commission is established.

     (b) The commission is composed of the following eleven (11) members, none of whom may be a law enforcement officer or a court employee:

Terms Used In Indiana Code 33-40-5-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commission: refers to the Indiana public defender commission established by section 2 of this chapter. See Indiana Code 33-40-5-1
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
(1) Three (3) members appointed by the governor, with not more than two (2) of these individuals belonging to the same political party.

(2) Three (3) members appointed by the chief justice of the supreme court, with not more than two (2) of these individuals belonging to the same political party.

(3) One (1) member appointed by the board of trustees of the Indiana criminal justice institute, who is an attorney admitted to practice law in Indiana.

(4) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives. The members appointed under this subdivision may not be from the same political party.

(5) Two (2) members of the senate, to be appointed by the president pro tempore of the senate. The members appointed under this subdivision may not be from the same political party.

[Pre-2004 Recodification Citation: 33-9-13-1.]

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