Indiana
The 6th Amendment In Indiana
The state of Indiana delegates to its local governments the responsibility for funding and administering indigent defense services in adult criminal trials, though the state reimburses a portion of the costs through an optional, standards-based reimbursement program. A state commission provides limited oversight of local services.
The state of Indiana delegates to its local governments the responsibility for administering indigent defense services for adult criminal cases in its appellate courts. Counties are primarily responsible for the funding, though the state reimburses a portion of the costs through an optional standards-based reimbursement program. A state commission provides limited oversight of local appellate services.
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69 Counties Shared State and Locally Funded
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23 Counties Locally Funded
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92 Counties Locally Administered
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69 Counties with a Commission With Limited Authority
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23 Counties with No State Oversight
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69 Counties Shared State and Locally Funded
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23 Counties Locally Funded
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92 Counties Locally Administered
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69 Counties with a Commission With Limited Authority
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23 Counties with No State Oversight
Counties in Indiana are responsible for administering indigent defense services. Public defender offices and private attorneys under contract provide services. Counties are primarily responsible for funding indigent defense services, though they can choose to receive some state reimbursements in exchange for complying with state standards. Depending on available funding, the state may reimburse up to 50% of costs in capital cases and up to 40% of costs in non-capital felonies (and temporarily, up to 40% of costs in misdemeanors in a select small number of counties).
The Indiana Commission on Court Appointed Attorneys provides limited oversight of local indigent defense services. Diverse authorities appoint the commission’s eleven members. The commission has standards-setting authority, though standards only apply to those counties that have opted in for capital and non-capital felonies (and temporarily, in select counties in misdemeanors). There are two other state agencies: (1) the Public Defender of Indiana provides representation in post-conviction proceedings, and (2) the Indiana Public Defender Council provides support and training to all indigent defense attorneys in the state. Neither entity provides direct representation in trial-level adult criminal cases.
Counties in Indiana are responsible for administering indigent defense services in all adult appeals. Public defender offices and private attorneys under contract provide services. Counties primarily fund appeals, though they can receive some state reimbursements in exchange for complying with state standards. Depending on available funding, the state may reimburse up to 50% of costs in capital appeals and up to 40% of costs in non-capital felony appeals (and temporarily, up to 40% of costs in misdemeanors in a select small number of counties).
The Indiana Commission on Court Appointed Attorneys provides limited oversight of local indigent defense services. Diverse authorities appoint the commission’s eleven members. The commission has standards-setting authority, though standards only apply to those counties that have opted in for capital and non-capital felonies (and temporarily, in select counties in misdemeanors). There are two other state agencies: (1) the Public Defender of Indiana provides representation in post-conviction proceedings, and (2) the Indiana Public Defender Council provides support and training to all indigent defense attorneys in the state.
Dig Deeper
Who serves on the Indiana Commission on Court Appointed Attorneys?
How do counties opt-in/opt-out of the state’s non-capital felony reimbursement program?
How is the temporary misdemeanor reimbursement program funded?
Who appoints the chief public defender heading a county public defender office?
Who selects the private attorneys to provide indigent defense services in a county?
In which branch of state government does the indigent defense system reside?
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