Sec. 3.5. (a) A county executive may adopt an ordinance allowing the county to enter into an interlocal agreement (as described in IC 36-1-7-3) with one (1) or more counties for the purpose of:

(1) creating a multicounty public defender‘s office; and

Terms Used In Indiana Code 33-40-7-3.5

  • 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
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) providing legal defense services to indigent persons located in the counties served by the multicounty public defender’s office.

     (b) An agreement described in subsection (a) shall:

(1) require any created multicounty public defender’s office to be administered by a joint board (as described in IC 36-1-7-3(a)(5)(B)); and

(2) delegate, to an auditor of one (1) of the constituent counties comprising the multicounty public defender’s office, the duty to receive, disburse, and account for all monies distributed to the multicounty public defender’s office.

     (c) Notwithstanding any guidelines and standards adopted by the Indiana public defender commission under IC 33-40-5-4, the members of a joint board shall be persons who have demonstrated an interest in high quality legal representation for indigent persons.

     (d) Notwithstanding any other law or provision, a member of the joint board may not be:

(1) a city, town, or county attorney;

(2) a law enforcement officer;

(3) a judge;

(4) a court employee;

(5) an employee of the department of child services;

(6) an attorney who provides representation to indigent persons in one (1) or more of the counties served by the multicounty public defender’s office being administered by the joint board; or

(7) an employee of any individuals described in subdivisions (1) through (6).

     (e) Each member of the joint board shall serve a three (3) year term that begins on the date of the member’s appointment to the joint board.

     (f) A member appointed to the joint board for the purpose of filling a vacancy shall serve a term limited to the duration of the previous member’s term.

     (g) If a successor has not been appointed before the end of a member’s three (3) year term, the current member of the joint board shall continue the member’s service until the member’s successor:

(1) has been appointed; and

(2) is able to begin the member’s term.

     (h) The members shall, by a majority vote, elect one (1) member to serve as a chairperson.

     (i) The joint board shall meet on a quarterly basis. The joint board may convene additional meetings upon the request of:

(1) the chairperson; or

(2) two (2) serving members of the joint board.

As added by P.L.69-2019, SEC.5.

  Previous section
Next section  
 Chapter 7 Contents