Tuesday, March 08, 2011

Indiana Code on Defense of Prosecuting Attorneys

IC 33-23-13
Chapter 13. Defense of Judges and Prosecuting Attorneys

IC 33-23-13-1
"Judge" defined
Sec. 1. As used in this chapter, "judge" has the meaning set forth in IC 33-38-12-3.
As added by P.L.98-2004, SEC.2.

IC 33-23-13-2
"Prosecuting attorney" defined
Sec. 2. As used in this chapter, "prosecuting attorney" includes a senior prosecuting attorney appointed under IC 33-39-1.
As added by P.L.98-2004, SEC.2.

IC 33-23-13-3
Defense by attorney general or private counsel
Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:
(1) defend the judge or prosecuting attorney in the suit; or
(2) authorize the executive director of the division of state court administration to hire private counsel to provide the defense.
As added by P.L.98-2004, SEC.2.

IC 33-23-13-4
Criminal or disciplinary proceedings
Sec. 4. This chapter does not permit the appointment of counsel for the defense of a judge or prosecuting attorney in criminal or disciplinary proceedings.
As added by P.L.98-2004, SEC.2.

IC 33-23-13-5
Right to select defense counsel; responsibility for civil damages
Sec. 5. This chapter does not:
(1) deprive a judge or prosecuting attorney of the judge's or prosecuting attorney's right to select defense counsel of the judge's or prosecuting attorney's own choice at the judge's or prosecuting attorney's own expense; or
(2) relieve a prosecuting attorney from responsibility for civil damages.
As added by P.L.98-2004, SEC.2.

IC 33-23-13-6
Attorney general employment of legal and other professional services
Sec. 6. The attorney general may employ legal and other professional services necessary to adequately and fully perform the duties required by this chapter.
________________________________________
As added by P.L.98-2004, SEC.2.

4 comments:

Anonymous said...

Let me get this right IC33-23-13-4 he can't use county money for disciplinary proceedings. That would mean he stold 25,000 dollers. What is going to be done about it ?

Anonymous said...

he didnt...the council approved it and it sounds shady

Samual said...

I appreciate you for posting such a great Blog. The power of attorney (often called “POA” for short) may be oral or may be in writing. Many institutions, such as hospitals, banks, and the I.R.S., require a power of attorney to be in writing before they will honor it, and they usually want to keep an original for their records.

Notary services

Anonymous said...

What dose a Poa have to do with it ? He lied to council to get the money that's theft.