Contact Information

Deborah Neal, Staff Counsel Indiana Public Defender Commission Division of State Court Administration 30 South Meridian Street, Suite 500 Indianapolis, IN 46204 (317) 232-2542 (317) 233-6586 [fax] dneal@courts.state.in.us

Jeffrey S. Wiese, Staff Counsel Indiana Public Defender Commission Division of State Court Administration 30 South Meridian Street, Suite 500 Indianapolis, IN 46204 (317) 232-2542 (317) 233-6586 [fax] jwiese@courts.state.in.us

Commission Members and Minutes

Overview

Since 1989, The Indiana Public Defender Commission has served to recommend standards for indigent defense in capital cases, to adopt guidelines of salary and fee schedules for individual county reimbursement eligibility, and to review and approve requests for reimbursement in capital cases. In 1993, the responsibility of the Commission was expanded to include the adoption of guidelines and standards for county reimbursement eligibility in non-capital cases. The Division of State Court Administration provides administrative support and services for the Commission.

The Commission is comprised of 11 members: 3 are appointed by the Governor; 3 are appointed by the Chief Justice; 1 member is appointed by the Indiana Criminal Justice Institute; 2 are members of the House of Representatives appointed by the Speaker of the House; and 2 are members of the Senate appointed by the President pro tempore of the Senate.

The entire Commission meets quarterly to review claims, authorize reimbursement to eligible counties and discuss issues in keeping with the Supreme Court and the Legislature's intent to provide the highest quality indigent criminal defense possible.

In capital cases, counties may receive reimbursement for 50 percent of applicable expenses. The Executive Director of the Division of State Court Administration adjusted the hourly rate paid in capital cases from $96 to $101 per hour in 2006 and the adjusted hourly rate became effective January 1, 2007, for death penalty requests filed after that date.

In other criminal cases, eligible counties may receive up to 40 percent reimbursement for indigent criminal defense costs conditioned upon compliance with guidelines and caseload standards.  The Fund began with an appropriation of $650,000.  Today, FY 07-08, appropriations to the Public Defense Fund total $14.5 million and increase to $15.25 million on July 1, 2008. Currently, 58 of 92 counties have comprehensive plans approved by the Commission for delivery of indigent services and are eligible for reimbursement in non-capital cases. Over 65% percent of the state's population resides in counties eligible to receive reimbursements in non-capital cases under the program.

Statutory Duties

The Indiana Public Defender Commission was created by the General Assembly in 1989 by P.L. 284-1989. The Commission's primary purposes are to:

1. Make recommendations concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under I.C. 35-50-2-9;
2. Adopt guidelines and salary and fee schedules pursuant to which Indiana counties are eligible for reimbursement under I.C. 33-40-6; and
3. Review and approve requests from county auditors for state reimbursement from the public defense fund in capital cases.

In 1993, the General Assembly amended the Commission's statute in P.L. 283-1993 and authorized reimbursement from the public defense fund of 25 percent of a county's net expenditures in non-capital cases.

Effective July 1, 1997, the reimbursement level in non-capital cases was amended to provide 40 percent reimbursement of defense services in non-capital cases, except misdemeanors.

Under I.C.33-40-5-4, the Commission is currently mandated to do the following:

1. Make recommendations to the Indiana Supreme Court concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under I.C. 35-50-2-9, including the following subjects:
• Determining indigency and eligibility for legal representation.
• Selection and qualifications of attorneys to represent indigent defendants at public expense.
• Determining conflicts of interest.
• Investigative, clerical, and other support services necessary to provide adequate legal representation.
2. Adopt guidelines and standards for indigent defense services under which counties are eligible for reimbursement under I.C. 33-40-6, including but not limited to the following subjects:
• Determining indigency and the eligibility for legal representation. The issuance and enforcement of orders requiring defendants to pay for the costs of court appointed legal representation under I.C. 33-40-6. The use and expenditure of funds in the county supplemental public defender services fund established by I.C. 33-40-3-1. Qualifications of attorneys to represent indigent defendants at public expense.
• Minimum and maximum caseloads of public defender offices and contract attorneys.
3. Make recommendations concerning the delivery of indigent defense services in Indiana.
4. Make an annual report to the Governor, the General Assembly, and the Supreme Court on the operation of the public defense fund.
   

Activities

Capital Cases. The Commission held its first meeting on January 29, 1990. The Commission's primary focus during its first year was the preparation of a proposed new court rule concerning the appointment and compensation of counsel to represent defendants in capital cases. In November 1990, the Commission submitted to the Supreme Court a proposed new court rule concerning these subjects. In June 1991, the Supreme Court issued a draft of a proposed amendment to Criminal Rule 24 regarding the appointment and compensation of counsel in capital cases, which incorporated many of the Commission's recommendations. Subsequently, the Commission submitted to the Supreme Court a written response to the Court's proposed draft rule. On October 25, 1991, the Supreme Court adopted amendments to Criminal Rule 24, effective January 1, 1992.

In 1991, the Commission adopted guidelines under which Indiana counties are eligible for reimbursement for indigent defense services in capital cases from the public defense fund under I.C. 33-40-6. These guidelines, effective January 1, 1992, require compliance with Criminal Rule 24.

In 1992, as a service to the trial courts and after consultation with Chief Justice Shepard, the Commission began maintaining a roster of attorneys who qualify for appointment in capital cases as lead counsel, co-counsel, or appellate counsel on the basis of their experience and their compliance with the training requirements in Criminal Rule 24. The roster is intended to aid trial judges in seeking qualified counsel when death penalty requests are filed against indigent defendants, although trial judges may appoint attorneys who are not on the roster if they meet the qualifications specified in Criminal Rule 24. The roster is under constant revision, with attorneys being requested to update their information. This roster is now available at http://www.in.gov/judiciary/pdc/roster.html.

Also during 1998-99, the Commission studied and reported to the Chief Justice regarding defense costs in several capital cases. The Commission offered to be involved, through staff, in assisting courts in budgeting for capital cases. At the request of the trial judges, the Commission revised the form used by counties to submit claims for reimbursement in capital cases. This form is now available at http://www.in.gov/judiciary/pdc/docs/forms/form-44240.xls.

The Commission also amended the capital guidelines to provide for reimbursement in situations where standby counsel has been appointed for a defendant who has waived right to counsel. The Commission requires such counsel to meet the requirements for lead counsel under Criminal Rule 24.

In 1999-00, the Commission began studying the use of salaried public defenders as counsel in death penalty cases. The Marion County Public Defender Agency proposed using a full-time salaried public defender rather than an hourly paid attorney to handle death penalty cases. Subsequently, a full-time salaried public defender provision was added to Criminal Rule 24 by the Supreme Court effective January 1, 2001.

During 2000-01, the Commission amended its Guidelines in Capital Cases to provide that requests for reimbursement be submitted within 120 days of the date the county paid the underlying invoice. This amendment resulted in more timely filing of claims and more accurate budgeting.

Non-Capital Cases. After the enactment of P.L. 283-1993, the Commission began work on the adoption of standards for non-capital cases under IC 33-9-13-3(a)(2). On June 29, 1994, the Commission approved a draft of standards and authorized the distribution of the proposed standards to county auditors, commissioners, council members, judges, and public defenders for comment. On September 1, 1994, the Commission reviewed the comments, made revisions, and adopted standards for non-capital cases with an effective date of January 1, 1995.

On December 2, 1994, the Commission adopted a policy authorizing counties to phase-in compliance with the non-capital standards on a court-by-court basis so long as the county made a commitment to bring all indigent defense services into compliance with the standards within a reasonable period of time.

The Legislature enacted P.L. 202-1997, which effective July 1, 1997, changed the reimbursement for eligible counties to 40 percent of defense services in all non-capital cases, except misdemeanors.

In February of 1998, the Commission added a full time staff attorney through the Supreme Court's Division of State Court Administration. The staff attorney assists the Commission in a proactive approach to reimbursements in non-capital cases.

In FY 1997-98, four additional counties became eligible for reimbursement: Benton, Fulton, Madison and Vermillion.

In FY 1998-99 Blackford, Fayette, Henry, Jasper, Jenni ngs, Scott and Shelby counties submitted comprehensive plans that were approved by the Commission.

In FY 1999-00, seventeen counties submitted comprehensive plans. These counties were Crawford, Decatur, Fountain, Greene, Hancock, Knox, Lake, Martin, Newton, Ohio, Pulaski, Spencer, Sullivan, Switzerland, Union, Vigo and Whitley. In addition, in response to a Commission mailing to all judges, County auditors, and County Council and Commission presidents, more than twenty counties expressed interest in attaining eligibility for state reimbursement. Staff for the Commission made presentations to fifty counties regarding participation in the reimbursement program, and provided information, sample ordinances, comprehensive plans or financial analysis to these counties.

In FY 2000-01, eleven additional counties submitted comprehensive plans. Adams, Carroll, Jay, Kosciusko, Monroe, Noble, Rush, Steuben, Vanderburgh, Washington, and White submitted plans to the Commission. At the close of the fiscal year, 48 counties were eligible for reimbursement in non-capital cases. Staff for the Commission continued to make presentations to counties regarding participation in the reimbursement program. Meetings were conducted throughout the year with officials of thirty counties, as interest in participation grew.

In FY 2001-02, two new counties, Pike and Perry, became eligible for reimbursement in non-capital cases. This raised the number of approved counties to fifty.

In FY 2003-04, three additional counties, Allen, Grant, and Tippecanoe, became eligible for reimbursement, at the end of FY 2003-2004, fifty-three counties were eligible for reimbursement. In fiscal year 2006-2007, the counties of Howard, Wabash and St. Joseph submitted comprehensive plans and were approved. The present number of approved counties eligible for reimbursement from the Public Defense Fund is 58. The current eligibility status of all counties participating in the program is available at http://www.in.gov/judiciary/pdc/counties.html.