Ind. Code » Title 33
Indiana Code

Ind. Code § 33-40-3-7 (2025)

Payment by defendant for cost of public defender services; considerations

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 7. (a) If a defendant is receiving publicly paid representation, the court shall consider:

(1) the person's independently held assets and assets available to the spouse of the person or the person's parent if the person is unemancipated;

(2) the person's income;

(3) the person's liabilities; and

(4) the extent of the burden that payment of costs assessed under section 6 of this chapter would impose on the person and the dependents of the person.

     (b) If, after considering the factors described in subsection (a), the court determines that the person is able to pay the costs of representation, the court shall enter a finding that the person is able to pay those additional costs.

[Pre-2004 Recodification Citation: 33-9-11.5-7.]

As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.6.

 

Notes of Decisions
Cited in 12 cases, 2005–2020 · leading case: Jones v. State, 938 N.E.2d 1248 (Ind. Ct. App. 2010).
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Jones v. State, 938 N.E.2d 1248 (Ind. Ct. App. 2010). · cites it 6× “We held that fee was an abuse of discretion because the court imposed it without finding Lamonte was able to pay for his appointed representation under Ind.Code § 33-40-3-7. Id. at 176. Similarly, this trial court did not find Jones could pay for his representation based on the…”
Lamonte v. State, 839 N.E.2d 172 (Ind. Ct. App. 2005). · cites it 4× “Ind.Code § 33-40-3-7 (2004). Lamonte argues that the trial court abused its discretion when it failed to find him indigent and ordered him to pay a portion of his appellate attorney fees.”
Keith D. Jackson v. State of Indiana, 968 N.E.2d 328 (Ind. Ct. App. 2012). · cites it 2× “; I.C. § 33-40-3-7. Finally, the trial court may impose part of the attorney fees upon a convicted person, provided the trial court first determines that such person is not indigent.”
Darren Dwayne Langdon v. State of Indiana, 71 N.E.3d 1162 (Ind. Ct. App. 2017). · cites it 2× “; See I.C. § 33-40-3-7. Because the trial court did not find that Langdon had the ability to pay the costs of representation, this statutory provision also fails to support the imposition of the second $50.”
Hall v. State, 826 N.E.2d 99 (Ind. Ct. App. 2005). · cites it 4× “Ind.Code § 33-40-3-7 (2004). Hall argues that the trial court abused its discretion when it failed to find that he is indigent and ordered him to pay appellate attorney fees and costs pursuant to Indiana Code section 33-40-3-6.”
Gilmore v. State, 953 N.E.2d 583 (Ind. Ct. App. 2011). · cites it 2× “Further, Indiana Code section 33-40-3-7 provides that if a defendant does receive the assistance of a court-appointed attorney, the trial court shall consider the following factors in determining whether the defendant is able to pay the costs of representation: (1) the person’s…”
Brionna McCloud v. State of Indiana (mem. dec.), No. 49A05-1606-CR-1194 (Ind. Ct. App. Aug. 22, 2017). · cites it 6× “” Ind. Code § 33-40-3-7 (b). Court of Appeals of Indiana | Memorandum Decision 49A05-1606-CR-1194 | August 22, 2017 Page 13 of 19 (1) the fee collected under IC 35-33-7-6; (2) any amount assessed by the court under this section; and (3) any amount ordered to be paid under IC…”
Dominique Laray Davis v. State of Indiana (mem. dec.), 149 N.E.3d 686 (Ind. Ct. App. 2020). · cites it 6× “5 [20] INDIANA CODE § 33-40-3-6 applies only in those situations where the court makes a finding of an ability to pay under the enumerated factors in INDIANA CODE § 33-40-3-7. The factors that the court shall consider include: (1) the person’s independently held assets and…”
Vincent W. Hren v. State of Indiana, No. 32A01-1310-CR-436 (Ind. Ct. App. May 28, 2014). · cites it 8× “I.C. § 33-40-3-7 (West, Westlaw current with all legislation of the Second Regular Session of the 118th General Assembly (2014) with effective dates through May 1, 2014) sets out the factors trial courts must consider in making this determination, as follows: (a) If a defendant…”
Brandon Price v. State of Indiana, No. 49A04-1203-CR-154 (Ind. Ct. App. Nov. 7, 2012). · cites it 4× “Similarly, this trial court did not find Price could pay for his representation based on the criteria set forth in Ind. Code § 33-40-3-7 . Thus, the trial court did not have authority to impose the $500 fee against Price pursuant to this section of the Indiana Code.”
Louis K. Rose v. State of Indiana (mem. dec.), 163 N.E.3d 320 (Ind. Ct. App. 2020). · cites it 2× “INDIANA CODE § 33-40-3-6 applies only in those situations where the court makes a finding of an ability to pay under the four enumerated factors in INDIANA CODE § 33-40-3-7. Our review of the record reveals that the trial only considered one of the enumerated factors in INDIANA…”
Sauntio Antonio Carter v. State of Indiana (mem. dec.), 145 N.E.3d 137 (Ind. Ct. App. 2020). “The CCS indicates that Carter owes two $100 public defender only in those situations where the court makes a finding of an ability to pay under the enumerated factors in INDIANA CODE § 33-40-3-7. Our review of the record reveals that the trial court never considered the…”
Ind. Code § 33-40-3-7(a): 2 cases
Brionna McCloud v. State of Indiana (mem. dec.), No. 49A05-1606-CR-1194 (Ind. Ct. App. Aug. 22, 2017). “” Ind. Code § 33-40-3-7 (b). Court of Appeals of Indiana | Memorandum Decision 49A05-1606-CR-1194 | August 22, 2017 Page 13 of 19 (1) the fee collected under IC 35-33-7-6; (2) any amount assessed by the court under this section; and (3) any amount ordered to be paid under IC…”
Dominique Laray Davis v. State of Indiana (mem. dec.), 149 N.E.3d 686 (Ind. Ct. App. 2020). “5 [20] INDIANA CODE § 33-40-3-6 applies only in those situations where the court makes a finding of an ability to pay under the enumerated factors in INDIANA CODE § 33-40-3-7. The factors that the court shall consider include: (1) the person’s independently held assets and…”
Ind. Code § 33-40-3-7(b): 2 cases
Dominique Laray Davis v. State of Indiana (mem. dec.), 149 N.E.3d 686 (Ind. Ct. App. 2020). “5 [20] INDIANA CODE § 33-40-3-6 applies only in those situations where the court makes a finding of an ability to pay under the enumerated factors in INDIANA CODE § 33-40-3-7. The factors that the court shall consider include: (1) the person’s independently held assets and…”
Vincent W. Hren v. State of Indiana, No. 32A01-1310-CR-436 (Ind. Ct. App. May 28, 2014). “I.C. § 33-40-3-7 (West, Westlaw current with all legislation of the Second Regular Session of the 118th General Assembly (2014) with effective dates through May 1, 2014) sets out the factors trial courts must consider in making this determination, as follows: (a) If a defendant…”
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