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Published by the Indiana Office of Court Services

In re Order for Payment of Attorney Fees and Reimbursement of Expenses, No. 48A02-1307-MI-615, __ N.E.3d __ (Ind. Ct. App., Apr. 9, 2014).

April 11, 2014 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Vaidik, J.
Indiana Code section 33-37-2-4 governs the State’s liability for costs of offenses committed by inmates in state correctional facilities. Pursuant to this section, the trial court appointed both a public defender and appellate counsel for Jeffrey Cook, who stabbed to death another inmate at Pendleton Correctional Facility in Madison County, Indiana. Although the State did not contest paying Cook’s public defender $23,488.29 in attorney fees and expenses, it contested paying Cook’s appellate counsel $5232.35 in attorney fees and expenses. The State believed that Section 33-37-2-4 required the State to pay only trial costs, not appellate costs. Instead, the State believed that Madison County should pay the costs of Cook’s appeal. We, however, find that Section 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, shifts that burden to the State for both trial and appellate costs. Thus, the trial court properly ordered the State to pay Cook’s appellate counsel $5232.35 in attorney fees and expenses.

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