Indiana § 33-40-2-1 - Request to state public defender

§ 33-40-2-1. Request to state public defender

Sec. 1. (a) Upon a determination by the judge of any court having criminal jurisdiction that:

(1) the court is unable within a reasonable time to appoint an available attorney, public defender or otherwise, who is competent in the practice of law in criminal cases as legal counsel for any person charged in the court with a criminal offense and who does not have sufficient means to employ an attorney; or

(2) in the interest of justice an attorney from another judicial circuit, not regularly practicing in the court, should be appointed to defend the indigent defendant or appeal the defendant's case, but the judge is unable within a reasonable time to provide for the direct appointment of an attorney;

the judge may make written request to the state public defender to provide a qualified attorney for the defense of the indigent person.

(b) The judge shall attach to the written request a copy of the affidavit or indictment, and state in the request the amount of the applicable minimum fee to be paid for the legal services of defense counsel in the case, subject to:

(1) any additional amount reasonable under all the circumstances of the case, to be determined and approved by the judge upon the final determination of the case; and

(2) reasonable partial allowances as may be approved and ordered by the judge pending final determination.

[Pre-2004 Recodification Citation: 33-9-11-1.]

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