Indiana Public Defense Faces Funding Crisis Due to Fee Errors

The Executive Director of the Commission on Court Appointed Attorneys, Derrick Mason, warned of a potential funding crisis for Indiana's public defense services. Despite record-high expenditures and a 2024 law authored by State Senator Eric Koch that doubled defendant fees to bolster the state's public defense fund, actual collections have failed to meet expectations.

Data from the Office of Court Administration shows that in 2025, fees were collected and assessed in only 8.4% of cases statewide, totaling less than $400,000. Mason attributes this shortfall to two primary factors: clerical errors regarding how court orders are entered and inconsistent judicial approaches to determining if defendants can afford the fees. While some counties have corrected their processes, others have transmitted no funds to the state.

Mason stated that optimal collection rates could bring in $2.9 million annually. He aims to ensure courts recognize that the statute requires fee assessments unless a defendant is unable to pay.