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.

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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.
     (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:

(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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