Sec. 3. (a) The state public defender shall prepare and maintain a schedule of minimum attorney‘s fees for all general classifications of criminal trials, and proceedings on plea of guilty, subject to the approval of the supreme court. The schedule shall be furnished upon request to all criminal courts. A fee approved by any court for the services of:

(1) the state public defender;

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Terms Used In Indiana Code 33-40-2-3

  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Venue: The geographical location in which a case is tried.
(2) the state public defender’s deputy; or

(3) any attorney appointed by the state public defender and the judge under a request made to the state public defender;

may not be less than the approved minimum fee provided in the schedule.

     (b) In cases where there has been a change of venue, the presiding judge may not approve a fee for a public defender from the office of the state public defender that exceeds one hundred twenty-five percent (125%) of the minimum fee schedule established under this chapter.

[Pre-2004 Recodification Citation: 33-9-11-3.]

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