Mark W. Rutherford, Chairman Indianapolis Larry Landis, Vice Chairman Indianapolis David J. Hensel Indianapolis Richard Bray Senator Eric Koch Martinsville Public Defender Bedford Hon. Mary Ellen Diekhoff Hon. Steven P. Meyer Bloomington Lafayette Representative Ryan Dvorak Senator Gregory G. Taylor South Bend Indianapolis Hon. Kelsey B. Hanlon Representative John Young Spencer Commission Franklin 309 W Washington Street Suite 501• Indianapolis, IN 46204 www.in.gov/publicdefender • ph 317-233-6908 March 2019 Volume 11 Issue 2 has stressed the importance of this request Committee, where it passed by a vote of 12-0 in testimony before both the House Ways on January 30. The bill was co-authored by Legislative and Means Committee and the Senate Reps. Ryan Dvorak (District 8: LaPorte & Appropriations Committee. A copy of the St. Joseph), Greg Steuerwald (District 40: Update presentation given to the Ways and Means Hendricks), and Greg Porter (District 96: Committee by Chairman Rutherford, Vice Marion). Although the bill later stalled in Chair Larry Landis, and Senior Staff Attorney the Ways & Means Committee, we are still Derrick Mason may be found on our website. actively pursuing those items in the Senate We were very pleased that the Indiana version of the Budget, which will likely be As the Indiana General Assembly begins House appropriated $4.47 million more released the week of April 8. to wrap up part two of a three-step legislative per year in the process (1st House, 2nd House, Conference), House version of we would like to take an opportunity to update HB 1001 (The State you on the progress of the Commission’s Biennial Budget 2019 Legislative Priorities. Bill). This was the As you may know, the Indiana Task Force Commission’s full on Public Defense released its final report request and will in August, issuing 20 recommendations to allow us to avoid strengthen and improve Indiana’s public proration in the next defense services. After careful evaluation and biennium. Thanks consideration, the Commission prioritized go to House Ways four of those recommendations, which, and Means Co-Chair along with an increase to our base budget to Representative Todd avoid proration, became the basis for the five Huston (District 37: legislative priorities that are being actively Hamilton County) Commission Chair Mark Rutherford and Senior Staff Attorney Derrick Mason speak pursued this legislative session. for supporting this to the Senate Appropriations Committee Although at the printing of this newsletter request. We will continue to be vigilant nothing has been finalized, we have had in our discussions with the Senate about Regionalization & County some significant successes to report and a maintaining this increase as HB 1001 few areas where support is still needed as continues through the process. Board Structure: Senate Bill 488 completes the we head toward the end of session (sine die), Misdemeanor & Appellate which is currently scheduled for April 26. Commission’s five priorities by creating Funding: an optional path for counties to establish Commission’s Base Budget: At the request of the Commission, State regionalized offices. It also changes the The Commission’s top priority each budget Representative John Young (District 47: structures of some county boards to permit session is advocating for the budgetary Johnson & Morgan Counties) authored the Commission to make an appointment increase necessary to account for any new House Bill 1453 to remove the prohibition of in lieu of one of the current judicial counties, upticks in reimbursement requests misdemeanor reimbursement and to permit appointments. Authored by Sen. Mike Young for specific case types such as CHINS and centralized appellate services. The state (District 35: Hendricks & Marion), the bill TPR, and to avoid even the possibility of fiscal impact set for those two items by the passed the Senate 48-0. The legislation was proration in the next biennium or beyond. nonpartisan Legislative Services Agency was co-authored in the Senate by Sen. Eric Koch Commission Chair Mark Rutherford $10.27 million per year. (District 44: Bartholomew, Brown, Jackson, Lawrence, and Monroe) and Sen. Greg Page 4 The bill was In This Issue originally assigned Taylor (District 33: Marion). The bill later Commission Meeting Update passed the House Courts Committee 12-0. At Pages 2-3 Important Dates to the House Courts 2018 financial statistics Legislative Update (cont) and Criminal Code the time of printing, the bill is scheduled for a final vote in the House. We expect that it will Legislative Update continued on page 4 Page 2 Page 3 LaGrange Steuben St. Joseph Elkhart $82,466.47 $131,915.73 Non-capital reimbursements: LaPorte $944,572.47 $26,790,052.94 was reimbursed to Porter $304,109.80 participating counties Lake Noble DeKalb $1,907,121.71 $283,734.38 $218,538.91 $26.8M Starke Marshall Kosciusko $283,423.33 Whitley Allen Pulaski Fulton $1,780,757.58 Jasper $104,332.54 $99,567.58 $142,015.38 Newton Wabash Huntington Cass $125,055.87 White $221,919.84 Wells Adams $129,273.24 Miami $274,830.41 Benton Carroll $20,900.98 $75,398.87 Grant Howard $418,095.08 Blackford Jay Rejoining Counties: Miami, Scott and $690,883.88 $76,644.65 Tippecanoe $137,254.03 Warren Brown Counties rejoined the reimbursement $1,234,001.31 $36,005.19 Clinton Tipton program $94,007.59 Delaware Madison $556,108.99 Randolph 3 Fountain $543,448.91 $55,704.18 Montgomery Hamilton Boone Henry $71,523.88 Hancock Wayne Parke Hendricks Marion $210,558.67 $41,465.03 $593,499.48 $8,166,708.97 Union Counties receiving Vermillion Counties not receiving Putnam Rush Fayette $27,203.89 capital reimbursement capital reimbursement Shelby $165,291.72 $136,734.54 $216,117.73 Vigo Johnson $805,477.49 Morgan Franklin New county: Clinton County joined the Clay 2018 Capital Decatur reimbursement program. Currently, 62 Owen $112,174.00 $93,443.00 Monroe Bartholomew Reimbursements counties are active in the program $737,878.47 Brown Dearborn Sullivan $28,227.03 Ripley $75,387.64 Greene $95,580.90 1 $169,154.26 Jennings Allen $59,115.17 $141,316.69 Ohio Jackson $26,826.16 Boone $110,536.65 Lawrence $271,077.96 Switzerland $339,492.17 Jefferson $67,434.81 Clark $43,326.43 $247,676.40 2018 Non-Capital Reimbursements Martin Daviess $103,435.40 Scott $163,220.01 Lake $19,413.83 Knox Washington $267,280.82 Orange $216,366.98 $182,377.80 Clark $499,565.95 St. Joseph $85,691.69 Pike $74,761.54 Dubois Floyd $281,586.82 Warrick $96,314.35 Gibson Crawford Average increase: County spending Harrison Counties receiving Total $414,398.12 and reimbursement increased by Perry 12% over 2017 Vander- Warrick $98,210.08 reimbursement Posey burgh Spencer $956,219.85 $134,687.86 12% Counties not receiving reimbursement Page 4 Commission Meeting Dates June 12, 2019 Commission Meeting A brief executive session will begin at 2 pm with the regular meeting afterward September 25, 2019 Update The Public Defender Commission met on Wednesday, March 20, December 18, 2019 All meetings are scheduled to begin at 2 pm. 2019. A brief executive session may precede each Board Member Removal meeting. Meetings are scheduled to be held at Extensive discussion regarding appointment and removal of our offices (309 W Washington Street, Suite county public defender board members was held, including input 501, Indianapolis, IN 46204) Updates to meeting dates, times and from county chiefs in attendance. The Commission voted to locations are posted on our website: www.in.gov/publicdefender amend the guidelines to specifically note that appointments serve a three-year term and may only be removed for cause. Updated Legislative Update (continued from front page) guidelines can be found on our website at: https://www.in.gov/ pass. The final step for the bill will be for the Senate to either agree to publicdefender/2340.htm. the House changes (concur) or take the bill to conference committee (dissent). We are encouraged by the broad-based support this bill has Training Approvals received in the process. Commission members reviewed the requests for training approvals related to Standards E and F qualifications. The submitted CHINS/TPR requests were approved and may now be used to qualify attorneys The Commission also approved staff to pursue any additional for their corresponding qualifications. The Public Defender funding items that may become available to assist counties with the Council’s Trial Practice Institute (non-OWI) was formally increases they have been experiencing due to the exponential growth approved as a felony trial substitution, which may be used as part in CHINS/TPR court-involved cases. There are currently many of the qualification for adult felony levels 1-4. Additionally, the discussions on the table about opportunities that may exist in the National Institute for Trial Advocacy (NITA) Building Trial Skills: budget to strengthen funding for the defense of parents in CHINS/ Indianapolis training course was also approved as part of the same TPR cases. Staff would be happy to discuss this issue with anyone qualification standard. The Commission also noted that civil trial interested in learning more. trainings can now qualify as approved trainings because the skills THANK YOU are transferable. If you would like a training program approved, The Commission would like to offer a special thank-you to our please contact us at [email protected]. four legislative members, Senators Eric Koch and Greg Taylor and Private Caseload Reporting Representatives John Young and Ryan Dvorak. Their active support Private caseload reporting discussed at the December meeting of the Commission’s legislative agenda during the legislative session ad been deferred to the March meeting.