TITLE 35
CRIME

ARTICLE 1
REWARD FOR INFORMATION LEADING TO ARREST
OR CONVICTION

On motion duly made and carried the commissioners adopted an Ordinance for $100.00 reward for information leading to the arrest and conviction of any person, or persons, guilty of damaging any DeKalb County Highway property (HI)

(Ord. 65-9, passed June 21, 1965)

ARTICLE 2
PUBLIC DEFENDER OFFICE ESTABLISHED

BE IT ORDAINED and enacted by the Board of Commissioners of DeKalb County, State of Indiana as follows:

ARTICLE I - ESTABLISHMENT

Section 101. Creation: There is hereby established an Office of the Public Defender of DeKalb County, Indiana.

Section 102. Appointment: The Public Defender shall be appointed by the Board of Commissioners of DeKalb County, Indiana from a list of at least one nominee provided by a committee consisting of the following individuals or their designees:

The Judge of the DeKalb Circuit Court,

The Judge of the DeKalb Superior Court,

The President of the DeKalb County Bar Association,

The President of the DeKalb County Council,

and

The DeKalb County Commissioners who shall appoint a designee to serve as a committee member

Such committee shall be known as the "Public Defender Nominating Committee" and shall meet on or before December 1 of the year preceding the effective date of the appointment of the Public Defender. The Committee shall recommend at least one name to the Board of County Commissioners of DeKalb County, Indiana and from that list the Board of County Commissioners may appoint the Public Defender, and in the event of a rejection of all nominees the nominating committee shall begin anew their process of selection.

Section 103. Staff: The Public Defender shall select an Assistant Public Defender, secretary, or other personnel as may be authorized by the DeKalb County Council,

Section 104. Term: The Public Defender shall serve for a period of two years from January 1st. The first term shall commence January l, 1983.

Section 201. Qualifications: The Public Defender and his assistant shall be residents of DeKalb County, Indiana and a practicing lawyer admitted to the Bar of the Supreme Court of the State of Indiana, and in good standing.

Section 203. Duties: It shall be the duty of the Public Defender to enter an appearance for and defend indigent persons when appointed by the Judges within DeKalb County. The Public Defender may be appointed by said Judges in criminal, traffic, and juvenile non-status offenses. Cases venued from DeKalb County shall remain the responsibility of the DeKalb County Public Defender if he is otherwise appointed to serve therein. As a condition to acceptance of the appointment the Public Defender and the assistant shall agree to forfeit their right to represent clients in their private practice of criminal law in all cases arising under the jurisdiction of the DeKalb County Courts.

Section 204. Department Head Duties: The Public Defender shall be the head of the Office of the Public Defender and in regard to his non-judicial functions shall be responsible to the Board of Commissioners. He shall also be responsible for submitting a proposed budget to the fiscal body. He and his staff, insofar as not inconsistent with other provisions herein, shall be subject to any County personnel policy standards or regulations.

Section 205. Appeals: The Public Defender shall be required to prosecute no more than five (5) cases on appeal. beyond the Motion To Correct Errors stage during any calendar year. Any appeals in excess of five (5) shall be for additional compensation in accord with the current Indiana Supreme Court approved schedule of minimum fees for legal services of the Public Defender of Indiana pursuant to I. C. 33-9-11-3 as the same may be from time to time amended. PROVIDED HOWEVER, that any fee award shall be subject to review and approval by the judge appointing said Public Defender to serve in the case. Such Court may authorize a greater or lesser fee as the circumstances merit.

Section 301. Office Expenses: The fiscal body of the County shall be responsible to appropriate sufficient funds for the salary, secretarial assistance, equipment, books, stationery, printing services, postage, supplies, travel, and other office expenses of the Public Defender and his staff.

Section 302. Litigation Expenses: Witness fees, transcripts, depositions, reasonable travel, food, lodging, and other out-of-pocket expense shall be paid from the funds appropriated therefor after approval of such claims by the appointing Judge and of the Board of Commissioners, pursuant to appropriate law.

Section 303. Benefits: The Public Defender and employees within his department shall be entitled to public employee retirement fund participation and other benefits such as medical and hospitalization insurance on the same terms and conditions as are other County employees.

Section 304. Conflicts of Interest: In the event the Public Defender deems himself as having a conflict of interest from serving in any particular appointment, he shall immediately advise the appointing Judge who shall review the conflict and appoint alternate counsel as appropriate. Funds for payment of such counsel's fee shall be from separate funds appropriated for such purpose by the fiscal body.

Section 401. Validity: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 402. Invalidity: The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance.

Section 403. Duration: This ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law.

(Ord. 82-5, passed October 18,1982)