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Additional public defender fees without hearing affirmed

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A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.

Michael B. Eliseo pleaded guilty to Class D felony receiving stolen property and was sentenced to three years in prison with nine months executed. In addition to the public defender fee of $100, Wells Circuit Judge Kenton Kiracofe ordered Eliseo to pay a supplemental public defender service fee of $300 and $166 in court costs.

In Michael B. Eliseo v. State of Indiana, 90A04-1307-CR-370 Judge Melissa May wrote that even though no hearing was conducted nor findings issued by the trial court, the court did not abuse its discretion since additional fees may be collected under I.C. 33-40-3-6 or I.C. 33-37-2-3.

“The trial court did not abuse its discretion when it did not conduct a hearing on Eliseo’s ability to pay fees because he was not required to pay until after he was released from incarceration,” May wrote. “Also, the trial court did not abuse its discretion when it ordered him to pay a $300.00 public defender fee because the amount was within the statutory limit.”

Chief Judge Nancy Vaidik concurred with May’s opinion, and Judge Patricia Riley concurred in result but wrote separately of the need for the trial court to conduct a hearing.

“(C)ontingent upon the trial court conducting a hearing when the fees are due and making a specific finding of Eliseo’s ability to pay, I find no abuse of discretion in its imposition of public defender fees in the amount of $300 and court costs in the amount of $166,” Riley wrote.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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