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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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