Indiana § 33-40-7-3.5 - Creation of multicounty public defender's office; joint board

§ 33-40-7-3.5. Creation of multicounty public defender's office; joint board

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

(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 commission on court appointed attorneys 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) This subsection applies to a member of the board who is appointed by the county executive. An individual who is appointed a board member serves at the pleasure of the county executive as long as the county executive retains all of the same members who served on the body when the individual was appointed.

(g) 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.

(h) 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.

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

(j) 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. Amended by P.L.111-2024, SEC.12; P.L.40-2026, SEC.9.