Impoverished people facing criminal charges have the right to public defense. But counties have struggled to foot the bill themselves for lower-level cases. Photo from Getty Images.

By Leslie Bonilla Muñiz
Indiana Capital Chronicle

INDIANAPOLIS — Beginning next month — and for the first time in nearly 30 years — nine Indiana counties will enjoy partial state reimbursement for spending on public defenders for destitute Hoosiers accused of misdemeanors.

The U.S. and Indiana constitutions afford those facing criminal charges the right to public defense when they can’t afford it themselves.

Counties can draw on the Indiana Commission on Court Appointed Attorneys to help pay for public defense in death penalty, felony and child abuse cases — but they’re on their own for misdemeanors.

That’s changing via a limited pilot program.

Its backers hope to build a case for long-term reimbursement.

The commission’s “top priority” is to guarantee enough funding “for our core mission of reimbursing all counties that comply with our standards for the entire 40% of their eligible public defense expenses,” Executive Director Derrick Mason said in a news release.

“We intend to achieve that mission by continuing to ensure constitutionally protected, effective public defense services are provided,” he continued. Commission data has shown that doing so “ultimately saves taxpayer dollars at both the state and county level.”

Program Takes Shape

Clark, DeKalb, Floyd, Lawrence, Perry, Pulaski, Steuben, Vigo, and Wabash counties will be eligible for 18 months of 40% reimbursement as part of an initiative authorized last year.

Derrick Mason. Photo from Commission on Court Appointed Attorneys.

That’s in exchange for agreeing to abide by attorney caseload and compensation standards set by the commission. They must also send data on how the reimbursement has impacted attorney appointment rates, jail population, trial rates, and case outcomes for a report due by 2029.

“The overall goal of the pilot is to gather data to determine whether (commission) reimbursement to counties, in exchange for the county following standards in the representation of people charged with misdemeanors, produces improved outcomes in Indiana’s criminal justice system,” the news release explained.

The nine selections were finalized at a meeting last Wednesday.

Senate Enrolled Act 179, enacted in 2024, required the commission to consider population and geographic diversity.

Staff also prioritized counties with track records of strong leadership, effective communication and accurate, on-time reimbursement requests, according to meeting materials.

One table featured red-to-green color-coding for the 22 applicants based on how highly they were recommended for the pilot. Clark County was lauded as a “unique opportunity,” for example, while several unsuccessful counties were knocked for data errors and noncompliance.

It’s a smaller pilot than authorized.

The statute lets the commission pick up to 12 participants for a four-year pilot. But the agency chose nine, and it’ll last for less than half the time.

The news release cited “budget cuts.” Most agencies were dealt a 5% cut after a grim revenue forecast forced budget architects to scale back spending — and they’ve been directed to withhold an additional 5%.

But participation could be renewed after the initial 18-month term, based on each county’s success and upon the commission’s budget, per the news release. Meeting materials noted that if some participants can’t follow through, the commission could replace them or just let the pilot shrink.

The pilot could also grow if there’s enough money.

Last year, when it was setting up the pilot, the commission envisioned funding it with a pandemic-era surplus and recently doubled fees paid by some Hoosiers assigned public defense.