Prosecuting attorney; pauper counsel; appointment;
reimbursement for fees and expenses
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.
Last modified: May 24, 2006