Indiana Code 33-40-5-4. Duties
(1) Make recommendations to the supreme court concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under IC 35-50-2-9, including the following:
Terms Used In Indiana Code 33-40-5-4
- commission: refers to the Indiana public defender commission established by section 2 of this chapter. See Indiana Code 33-40-5-1
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
(B) Selection and qualifications of attorneys to represent indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense services under which the counties will be eligible for reimbursement under IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal representation.
(B) The issuance and enforcement of orders requiring the defendant to pay for the costs of court appointed legal representation under IC 33-40-3.
(C) The use and expenditure of funds in the county supplemental public defender services fund established under IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent defendants at public expense.
(E) Compensation rates for salaried, contractual, and assigned counsel.
(F) Minimum and maximum caseloads of public defender offices and contract attorneys.
(G) Requirements concerning the creation and operation of a multicounty public defender’s office created under an interlocal agreement as described in IC 33-40-7-3.5.
(3) Make recommendations concerning the delivery of indigent defense services in Indiana, including the funding and delivery of indigent defense services for juveniles.
(4) Make an annual report to the governor, the general assembly, and the supreme court on the operation of the public defense fund.
The report to the general assembly under subdivision (4) must be in an electronic format under IC 5-14-6.
[Pre-2004 Recodification Citation: 33-9-13-3.]
As added by P.L.98-2004, SEC.19. Amended by P.L.187-2015, SEC.41; P.L.69-2019, SEC.1.