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 public defender commission shall appoint one (1) member who must be a resident of the county or region managing the public defender's office.
(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 public defender commission 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.
Structure Indiana Code
Title 33. Courts and Court Officers
Chapter 7. County Public Defender Boards
33-40-7-1. Application of Chapter
33-40-7-3. Establishment of Board; Members; Terms; Chairperson; Meetings; Termination
33-40-7-3.5. Creation of Multicounty Public Defender's Office; Joint Board
33-40-7-4. Reimbursement for Expenses
33-40-7-6. Duties of Board; Term, Removal, and Qualifications of County Public Defender
33-40-7-7. Duties of County or Multicounty Public Defender
33-40-7-8. Contracts to Provide Legal Representation
33-40-7-9. Assigned Counsel System
33-40-7-10. Court Appointment of Counsel or Co-Counsel