1. (a) This chapter does not prevent a court from appointing counsel other than counsel provided for under the board's plan for providing defense services to an indigent person when the interests of justice require. A court may also appoint counsel to assist counsel provided for under the board's plan as co-counsel when the interests of justice require. Expenditures by a county for defense services not provided under the county public defender board's plan are not subject to reimbursement from the public defense fund under IC 33-40-6 .

2. (b) A judge of a court having criminal jurisdiction may make a written request to the state public defender to provide a qualified attorney for the defense of a person charged in the court with a criminal offense and eligible for representation at public expense if the judge determines:

   1. (1) that an attorney provided under the county public defender board's plan is not qualified or available to represent the person; or

   2. (2) that in the interests of justice an attorney other than the attorney provided for by the county defender board's plan should be appointed.

      The judge shall attach to the request a copy of the information or indictment. Expenditures for representation under this subsection shall be paid by the county according to a fee schedule approved by the commission. These expenditures are eligible for reimbursement from the public defense fund.

      [Pre-2004 Recodification Citation: 33-9-15-10.]

As added by P.L.98-2004, SEC.19.