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Court rules on public defender fee imposition

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The Indiana Court of Appeals has decided that a state statute’s indigency hearing requirement doesn’t apply when a defendant has entered into a cash bail-bond agreement, meaning a trial court can use that bond money to pay court costs such as the imposed public defender fee.

A unanimous ruling came Friday in Lisa R. Wright v. State of Indiana, No. 57A03-1010-CR-570, affirming a ruling by the Noble Circuit Court.

Wright had pleaded guilty to Class B felony methamphetamine dealing and posted a cash bail-bond agreement pursuant to Indiana Code 35-33-8-3.2(a)(2), depositing 10 percent of the $10,000 bond. The agreement said the trial court could use that money to pay fines, fees, and costs in the event she failed to show up or was convicted. She requested and was appointed a public defender and ended up pleading guilty and receiving a six-year sentence. The court subsequently ordered that the escrow money from what she’d paid for bond be used to pay various costs, such as the $100 public defender fee.

On appeal, Wright argued the trial court didn’t explicitly find that she could pay the fee imposed and that it hadn’t held a hearing to determine whether she was actually indigent. The state argued that she ignored the fact that the public defender fee was paid from the $1,000 bond, per the agreement she’d entered.

The appellate panel looked at the state statutes, and determined the trial court didn’t err in how it used the money without a holding a hearing because Wright had entered into a contract through the agreement and that stood.

Though Wright cited a 2006 case from the intermediate appellate court, this panel found that state statute had been amended since to specifically allow for trial judges to do what happened in Wright’s case.

“A plain reading of Section 35-33-8-3.2(a)(2) as amended leads us to the conclusion that the absence of language requiring an indigency hearing means that when a bail bond agreement is executed, such a hearing is not required,” the court wrote.

“Moreover, to impose the hearing requirement of Section 33-37-2-3(a) where a defendant executed an agreement pursuant to Section 35-33-8-3.2(a)(2), would render the bail bond agreement meaningless. In addition, this Court has recognized that when a defendant posts a cash bail bond pursuant to Indiana Code Section 35-33-8-3.2, the trial court has authority to impose public defender costs.”

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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