Sec. 1. (a) The office of state public defender is established.

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Terms Used In Indiana Code 33-40-1-1

  • 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
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
     (b) The state public defender shall be appointed by the supreme court, to serve at the pleasure of the court, for a term of four (4) years.

     (c) The state public defender must be:

(1) a resident of Indiana; and

(2) a practicing attorney in Indiana for at least three (3) years.

     (d) The supreme court may give any tests it considers proper to determine the fitness of an applicant for appointment.

[Pre-2004 Recodification Citation: 33-1-7-1.]

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