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33-40-1-1. Appointment; Qualifications

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

33-40-1-2. Representing Penal Institution Inmates

Sec. 2. (a) The state public defender shall represent a person who is: (1) confined in a penal facility in Indiana or committed to the department of correction due to a criminal conviction or delinquency adjudication; and (2) financially unable to employ counsel; in a postconviction proceeding testing the legality of the person’s conviction, commitment, […]

33-40-1-3. Seal of Office; Powers of Public Defender

Sec. 3. (a) The state public defender shall be provided with a seal of office on which appear the words “Public Defender, State of Indiana”. (b) The state public defender may: (1) take acknowledgments; (2) administer oaths; and (3) do all other acts authorized by law for a notary public. An act performed under this […]

33-40-1-4. Salary; Employees; Office and Supplies

Sec. 4. (a) The state public defender shall be paid an annual salary to be fixed by the supreme court. (b) The state public defender may, with the consent of the supreme court, appoint or employ, at compensation to be fixed by the supreme court, the deputies, stenographers, or other clerical help that may be […]

33-40-1-5. Transcript of Court Proceedings

Sec. 5. The state public defender may order on behalf of a prisoner the public defender represents a transcript of any court proceeding, including evidence presented, had against the prisoner, and depositions, if necessary, at the expense of the state. However, the public defender may stipulate as to the facts contained in the record of […]

33-40-1-6. Claims for Salary or Expenses; Appropriation

Sec. 6. All claims for salary or other expenses authorized by this chapter shall be allowed and approved by the supreme court. There is appropriated annually out of funds of the state not otherwise appropriated a sufficient amount to pay salaries and expenses authorized by this chapter. [Pre-2004 Recodification Citation: 33-1-7-6.] As added by P.L.98-2004, […]