Sec. 10. (a) This chapter does not prevent a court from appointing counsel other than counsel provided for under the board‘s plan for providing defense services to an indigent person when the interests of justice require. A court may also appoint counsel to assist counsel provided for under the board’s plan as co-counsel when the interests of justice require. Expenditures by a county for defense services not provided under the county public defender board’s plan are not subject to reimbursement from the public defense fund under IC 33-40-6.

     (b) A judge of a court having criminal jurisdiction may make a written request to the state public defender to provide a qualified attorney for the defense of a person charged in the court with a criminal offense and eligible for representation at public expense if the judge determines:

Terms Used In Indiana Code 33-40-7-10

  • 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
  • board: refers to a board established in an ordinance under section 3 of this chapter. See Indiana Code 33-40-7-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
(1) that an attorney provided under the county public defender board’s plan is not qualified or available to represent the person; or

(2) that in the interests of justice an attorney other than the attorney provided for by the county defender board’s plan should be appointed.

The judge shall attach to the request a copy of the information or indictment. Expenditures for representation under this subsection shall be paid by the county according to a fee schedule approved by the commission. These expenditures are eligible for reimbursement from the public defense fund.

[Pre-2004 Recodification Citation: 33-9-15-10.]

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

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