Sec. 6. (a) Prior to the completion of the initial
hearing, the judicial officer shall determine whether a person who
requests assigned counsel is indigent under section 6.5 of this chapter.
If the person is found to be indigent, the judicial officer shall assign
counsel to the person.
(b) If jurisdiction over an indigent defendant is transferred to
another court, the receiving court shall assign counsel immediately
upon acquiring jurisdiction over the defendant.
(c) If the court finds that the person is able to pay part of the cost of
representation by the assigned counsel, the court shall order the person
to pay the following:
(1) For a felony action, a fee of two hundred dollars ($200).
(2) For a misdemeanor action, a fee of one hundred dollars
($100).
(d) If the court orders the person to pay an amount described in
subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether
the person has paid the required amount.
(e) The clerk of the court shall deposit the first one hundred dollars
($100) in a felony case and the first fifty dollars ($50) in a
misdemeanor case of the fees described in subsection (c) in the
county's supplemental public defender services fund established by IC 33-40-3-1.
(f) The clerk of the court shall transfer the remaining one hundred
dollars ($100) in a felony case and the remaining fifty dollars ($50) in
a misdemeanor case of the fees described in subsection (c) to the state
comptroller for deposit in the public defense fund established by IC 33-40-6-1.
(g) The court may review the finding of indigency at any time
during the proceedings if:
(1) the court receives evidence of a material change in the
person's income or assets; or
(2) the person has failed to provide the court with sufficient
evidence, including documentary evidence, to sustain the court's
initial indigency determination.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1;
P.L.111-2024, SEC.16.
Notes of Decisions
Cited in
59
cases (
5 in the last 5 years), 1986–2025 · leading case:
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
· cites it 17× “The State suggests that the trial court imposed the fee pursuant to Indiana Code Section 35-33-7-6, which provides in relevant part, (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is…”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
· cites it 4× “The only statutory means at the trial court's disposal for imposing costs on Turner was therefore Indiana Code Section 35-33-7-6(c), which caps such costs for a felony at $100.”
Darnell Cleveland v. State of Indiana, 129 N.E.3d 227 (Ind. Ct. App. 2019).
· cites it 10× “The trial court referred to the fees imposed as "recoupment fees[,]" tr. vol. II p. 56, and later as "Supplemental Public Defender Fee[s][.”
Mathis v. State, 776 N.E.2d 1283 (Ind. Ct. App. 2002).
· cites it 6× “Public Defender Fees In addressing Mathis’s claim that the $200 public defender fee imposed upon him by the trial court exceeded the amounts permitted by statute, we first note that Indiana Code section 35-33-7-6 provides in part as follows: (c) If the court finds that the…”
Wooden v. State, 757 N.E.2d 212 (Ind. Ct. App. 2001).
· cites it 6× “Indiana Code section 35-33-7-6 reads, in full, as follows: (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent.”
Duckworth v. Eagan, 492 U.S. 195 (1989).
· cites it 2× “Under Indiana law, counsel is appointed at the defendant's initial appearance in court, Ind. Code § 35-33-7-6 (1988), and formal charges must be filed at or before that hearing, § 35-33-7-3(a).”
May v. State, 810 N.E.2d 741 (Ind. Ct. App. 2004).
· cites it 8× “Regardless, the trial court neither made a finding of May's ability to pay the costs of representation as required by Indiana Code §§ 35-33-7-6 3 and 33-9-11.5-6 nor conducted a hearing to determine whether May was indigent and determined that he was able to pay part of the…”
Keith D. Jackson v. State of Indiana, 968 N.E.2d 328 (Ind. Ct. App. 2012).
· cites it 4× “I.C. § 35-33-7-6(a). If the defendant is found indigent, public defender fees are limited to $100 in felony cases and $50 in misdemeanor cases.”
Teresa L. Holder v. State of Indiana, 119 N.E.3d 621 (Ind. Ct. App. 2019).
· cites it 12× “Two of these statutes could potentially apply in this case: Indiana Code section 33-37-2-3 and Indiana Code section 35-33-7-6. The trial court failed to identify which of these two statutes it relied on to impose the public defender fee.”
Darren Dwayne Langdon v. State of Indiana, 71 N.E.3d 1162 (Ind. Ct. App. 2017).
· cites it 4× “I.C. § 35-33-7-6(a). If the defendant is found to be indigent, public defender fees are $100 in felony cases and $50 in misdemeanor cases.”
Turner v. State, 755 N.E.2d 194 (Ind. Ct. App. 2001).
· cites it 4× “We note that Indiana Code Section 35-33-7-6 contains no language requiring trial courts to conduct a separate indigency hearing before imposing fees, and we decline Turner's invitation to hold that such a hearing is necessary in order to impose fees under this statute. 6 .…”
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
· cites it 4× “In support, Wright cites Indiana Code Section 35-33-7-6(c), which provides that the trial court “shall order” an indigent defendant to pay a supplemental public defender fee of $100 for a felony action “if the court finds that the person is able to pay part of the cost of…”
— Ind. Code § 35-33-7-6(a) — 11 cases
Keith D. Jackson v. State of Indiana, 968 N.E.2d 328 (Ind. Ct. App. 2012).
“I.C. § 35-33-7-6(a). If the defendant is found indigent, public defender fees are limited to $100 in felony cases and $50 in misdemeanor cases.”
Darren Dwayne Langdon v. State of Indiana, 71 N.E.3d 1162 (Ind. Ct. App. 2017).
“I.C. § 35-33-7-6(a). If the defendant is found to be indigent, public defender fees are $100 in felony cases and $50 in misdemeanor cases.”
Teresa L. Holder v. State of Indiana, 119 N.E.3d 621 (Ind. Ct. App. 2019).
“Two of these statutes could potentially apply in this case: Indiana Code section 33-37-2-3 and Indiana Code section 35-33-7-6. The trial court failed to identify which of these two statutes it relied on to impose the public defender fee.”
— Ind. Code § 35-33-7-6(c) — 19 cases
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
“The only statutory means at the trial court's disposal for imposing costs on Turner was therefore Indiana Code Section 35-33-7-6(c), which caps such costs for a felony at $100.”
Wooden v. State, 757 N.E.2d 212 (Ind. Ct. App. 2001).
“Indiana Code section 35-33-7-6 reads, in full, as follows: (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent.”
May v. State, 810 N.E.2d 741 (Ind. Ct. App. 2004).
“Regardless, the trial court neither made a finding of May's ability to pay the costs of representation as required by Indiana Code §§ 35-33-7-6 3 and 33-9-11.5-6 nor conducted a hearing to determine whether May was indigent and determined that he was able to pay part of the…”
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
“In support, Wright cites Indiana Code Section 35-33-7-6(c), which provides that the trial court “shall order” an indigent defendant to pay a supplemental public defender fee of $100 for a felony action “if the court finds that the person is able to pay part of the cost of…”
Darnell Cleveland v. State of Indiana, 129 N.E.3d 227 (Ind. Ct. App. 2019).
“The trial court referred to the fees imposed as "recoupment fees[,]" tr. vol. II p. 56, and later as "Supplemental Public Defender Fee[s][.”
— Ind. Code § 35-33-7-6(c)(1) — 3 cases
— Ind. Code § 35-33-7-6(c)(2) — 1 case
Darnell Cleveland v. State of Indiana, 129 N.E.3d 227 (Ind. Ct. App. 2019).
“The trial court referred to the fees imposed as "recoupment fees[,]" tr. vol. II p. 56, and later as "Supplemental Public Defender Fee[s][.”
— Ind. Code § 35-33-7-6(d) — 3 cases
— Ind. Code § 35-33-7-6(g) — 1 case
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