Sec. 3. (a) A county executive may adopt an ordinance establishing a county public defender board consisting of three (3) members. The county executive shall appoint one (1) member. The judges who exercise felony or juvenile jurisdiction in the county shall appoint by majority vote one (1) member. The Indiana commission on court appointed attorneys shall appoint one (1) member who must be a resident of the county or region managing the public defender’s office.

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Terms Used In Indiana Code 33-40-7-3

  • 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
  • board: refers to a board established in an ordinance under section 3 of this chapter. See Indiana Code 33-40-7-2
  • 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.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) The members must be persons who have demonstrated an interest in high quality legal representation for indigent persons. However, a member may not be:

(1) a city, town, or county attorney;

(2) a law enforcement officer;

(3) a judge;

(4) a court employee;

(5) an attorney who provides representation to indigent persons in the county or region managed by the public defender board;

(6) an employee of the department of child services; or

(7) an employee of any individuals described in subdivisions (1) through (6).

     (c) Each member of the board serves a three (3) year term beginning with the date of the member’s appointment. A member appointed to fill a vacancy holds office for the remainder of the previous member’s term. If a successor has not been appointed by the end of a member’s three (3) year term, the member continues in office until the member’s successor takes office. In the case of a county public defender board established before July 1, 2019, the appointment by the Indiana commission on court appointed attorneys shall begin upon the first expiration of a current term of a member appointed by the judges who exercise felony or juvenile jurisdiction in the county.

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

     (e) Meetings shall be held at least quarterly and may be held at other times during the year at the call of the:

(1) chairperson; or

(2) other two (2) members.

     (f) A county executive may terminate the board by giving at least ninety (90) days written notice to the judges described in subsection (a).

[Pre-2004 Recodification Citation: 33-9-15-3.]

As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.4; P.L.111-2024, SEC.11.

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