Sec. 9. (a) In a criminal prosecution, if a change of venue has been taken from the county in which the prosecution originated, the prosecuting attorney from the original county shall prosecute the case in the trial court to which the case was venued. The trial court to which the case was venued may appoint a prosecuting attorney to assist on the case.
(b) In a case described in subsection (a), if the defendant is entitled to pauper counsel, the original trial court shall furnish pauper counsel. The trial court to which the case was venued may remove from the case the pauper counsel furnished by the original trial court, and:
(1) request the original trial court to furnish another pauper counsel;
(2) appoint pauper counsel of its choice; or
(3) request the public defender of the state of Indiana to provide counsel under IC 33-40-2.
(c) The original trial court shall determine the amount of the fee and the expenses incurred by the pauper counsel and shall order the appropriate reimbursement to be paid to him by the county in which the prosecution originated. The fees and expenses of a public defender appointed under IC 33-40-2 shall be paid in accordance with that chapter.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.98-2004, SEC.147.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 36. Pretrial Notices, Motions, and Procedures
35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff
35-36-6-2. Trial in Court to Which Venued
35-36-6-3. Transfer of Custody of Defendant
35-36-6-4. New Prosecution; Election of Court by Defendant; Alternative Disposition
35-36-6-5. New Prosecution; Recognizance
35-36-6-6. New Prosecution; New Indictment or Information
35-36-6-7. Failure of Defendant to Elect County of Trial; Remand
35-36-6-8. Costs and Expenses; Liability; Audit, Certification, and Collection
35-36-6-9. Prosecuting Attorney; Pauper Counsel; Appointment; Reimbursement for Fees and Expenses
35-36-6-10. Sheriff; Expenses of Transportation
35-36-6-11. Murder, Level 1, or Level 2 Felony Proceedings; Selection of Jury; Verdict and Judgment