The Commission seeks your assistance in complying with a recently enacted state statute that will require an annual report to the legislature.

Recent changes to I.C. 35-33-7-6 increase the basic public defender user fee that “shall” be assessed when a public defender is appointed in an adult criminal case. This becomes effective July 1, 2024.

The amount has been increased to $100 for a misdemeanor case and $200 for a felony case, up from $50/$100, respectively. It may still be waived if the individual is unable to afford it. 

The increased amount (half of the total fee) will be sent to the state’s Public Defense Fund, which funds local public defense reimbursements.  The original amount (the other half of the new total fee) will remain with the county and is deposited into the county supplemental public defense fund.  The statute is clear that the county funding is prioritized in the case of a partial payment of the fee.

The division of these fees will happen automatically through the Odyssey system.  Specifically, the “supplemental public defender fee” line remains, with the addition of more options for either the $100 or $200 fee, depending on the case type.  To ensure the legislature knows your county is assessing the only PD fee that “shall” be assessed unless the defendant cannot afford it, it is imperative that your courts and clerks clearly assess the $100/$200 fee and to break the fee down if they assess more than that amount. 

The key, going forward, is that:

1) Courts assess the new amounts ($100/$200) on or after July 1, 2024;

2) Courts record the $100/$200 as a fee under I.C. 35-33-7-6, and the clerk uses the new checkboxes in Odyssey for that fee; and

 3) If the court assesses MORE than the $100/$200 fee under the other statutes that allow a court to assess public defense fees, then the court makes clear to the clerk that $100/$200 assessment is the “mandatory” I.C. 35-33-7-6 fee and the remainder is recorded in the original Odyssey line for the “supplemental public defender fee.” 

EXAMPLE:  A court assesses $500 in total public defense fees at the conclusion of a felony case and did not assess any fees when the PD was first appointed.  The clearest way to demarcate these fees would be to check the $200 for I.C. 35-33-7-6 box and put $300 in the checkbox for “supplemental public defender fee.” 

The Office of Judicial Administration has developed a memo for judges on the need to revise forms and the creation of the new fees.  You can find it by clicking HERE.

This topic and others were covered in-depth by the Commission's Executive Director, Derrick Mason, at an information session held on June 26. To view the presentation from that session, click on the button below.

Commission staff recently participated in the "Incentivizing Public Service Work" Workgroup of the recently-created "Commission on Indiana's Legal Future."

Commission staff, in coordination with the Prosecuting Attorneys Council, proposed a new law school scholarship option for students willing to pursue full-time work as a public defender or prosecutor upon graduation. It was endorsed by the workgroup and forwarded to the full Commission for further consideration. 

Questions may be directed to Derrick Mason or Andrew Cullen. 

New hourly wages for both capital and non capital cases will become effective on January 1, 2025. 

The rate for capital cases statewide will become $151/hour. This rate is set by Criminal Rule 6, with calculations performed by the Supreme Court's Office of Judicial Administration.

Please note that the effective rate at the time the death penalty request was filed remains in effect throughout the life of the case unless the case is remanded to the trial court after appeal.

The non capital hourly rate for Commission Counties shall increase to $110/hour. The Commission's hourly rate standard for non capital cases reads: "Counsel shall be compensated for time actually expended at the hourly rate of not less than 75% of the capital rate required under Criminal Rule 6, rounded, up or down, to the nearest $10/hour."

The effective date of any non capital increases shall tier with the capital rate increases (January 1 of odd-numbered years).

Any questions may be directed to Derrick Mason or Jennifer Pinkston. 

Click the link below to read comprehensive reporting on our upcoming Misdemeanor Pilot Program, authored by Leslie Bonilla Muniz from The Indiana Capital Chronicle.

Please note: Counties can expect more details on the pilot and on the application process to be made available in late Summer/early Fall.