Clark County Public Defender

812-285-6255 (Fax)
defender@aye.net (E-mail)

"Any person who is hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided to him." - United States Supreme Court, Gideon v. Wainwright , 1963

The Clark County Public Defender Department helps to assure that poor persons charged with criminal offenses are punished no more harshly than wealthy defendants and that innocent persons are not wrongfully convicted. The only way to insure a fair criminal justice system is to provide competent legal representation to those who are financially unable to secure the services of private counsel.

Each year the Public Defender Department receives hundreds of appointments on criminal cases. The cost of securing private counsel on major felony cases is prohibitive and as a result -the department is appointed on a majority of such cases. Competent representation by a public defender insures that an individual's constitutional rights are protected and that convictions, if' secured, are less apt to be reversed on appeal. Our county taxpayers benefit by avoiding the expense involved when a conviction is reversed and a new trial is required,

Innocent people are, on occasion, falsely accused. Our department can serve no higher purpose than to offer the falsely accused the protections to which they are entitled and insure that justice is served. There are few rewards more satisfying than clearing an innocent person's name and restoring their reputation.

It is true that many of our client are guilt/ of violating our criminal laws. The public defender representing such an individual has the opportunity to explore counseling and rehabilitative services which may address the underlying problems which result in criminal behavior. Effectively addressing such problems gives these persons a chance to become productive citizens.

While some individuals commit crimes of such a heinous nature that incarceration is the only viable option, many others can be appropriately punished by other means. It is the responsibility of the public defender to insure that the punishment fits the crime. Many options to jail are available at a much lower cost. Home incarceration allows people to continue to work and support their families while otherwise restricting their freedom. All too often the county must bear the expense of providing welfare benefit to families when the breadwinner is incarcerated. Community service is another option which requires persons convicted of minor offenses to donate their time and talent to local causes. There are other options, too numerous to list in this space, which can be utilized by the public defender when negotiating with our local prosecutors.

While criminal cases are the primary source of appointment for the department, services are also provided on a variety of other matters. Any person convicted of a crime has a constitutional right to have that conviction reviewed by a higher court. The Public Defender Department is responsible for preparing and filing appeals on behalf of these individuals.

The department also represent youths who have allegedly committed delinquent acts. This provides the department with the opportunity to utilize State and community resources designed to help our younger generation address problems which might otherwise represent the start of a dangerous trend which leads to criminal activity as an adult.

The department is also assigned to represent individuals who are facing involuntary commitment to mental health institutions. While many of these individuals are in need of hospitalization, public defenders insure that all other less restrictive and less expensive alternatives are duly considered.

Few bonds are stronger than the one which exist between a parent and child. It is hard to imagine a worse nightmare then the loss of one's children through State intervention. In recognition of the sanctity of parental rights, individuals who are unable to retain private counsel are entitled to public defender services if the welfare department is attempting to revoke children from their custody or terminate their parental rights. Poor parenting skills are often the source of the problem and public defenders have the opportunity of working closely with their client in obtaining services which can lead to reunification of the family.

In an effort to reduce the financial burden on our county in providing legal representation the Public Defender Department has maintained eligibility for State reimbursement of expenses through the State Public Defender Commission, Clark County was one of the first counties in Indiana to adopt Commission - approved standards for the delivery of defense services for indigent persons.

The State Public Defender Commission was created by our State legislature to establish guidelines for indigent defense services and establish standards for reimbursing counties for a portion of their costs in providing such services. Clark County currently receives reimbursement of forty percent (40%) of its expenses incur-red in providing public defender services. Our county receives over $120,000.00 each year from the State in reimbursement. This money is paid directly to the county's general fund and is thus available for use as local officials see fit.

The Clark County Public Defender Department embraces the challenge of providing quality representation to its clients. The department also remains committed to reducing the burden on local taxpayers by maintaining eligibility for State reimbursement to lower the cost to our county for providing these indispensable services.

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