Sec. 6. (a) Subject to subsection (e), if at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall require payment by the person of the following costs in addition to other costs assessed against the person:

(1) Reasonable attorney‘s fees if an attorney has been appointed for the person by the court.

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Terms Used In Indiana Code 33-40-3-6

  • 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
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
(2) Costs incurred by the county as a result of court appointed legal services rendered to the person.

     (b) The clerk of the court shall deposit costs collected under this section into the supplemental public defender services fund established under section 1 of this chapter.

     (c) A person ordered to pay any part of the costs of representation under subsection (a) has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and under Indiana law.

     (d) The sum of:

(1) the fee collected under IC 35-33-7-6;

(2) any amount assessed by the court under this section; and

(3) any amount ordered to be paid under IC 33-37-2-3;

may not exceed the cost of defense services rendered to the person.

     (e) A court may not require payment for costs or fees under this section for a child alleged to be a delinquent child.

[Pre-2004 Recodification Citation: 33-9-11.5-6.]

As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.5.

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