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Public defender urges county to shift millions of dollars to general fund to cover appeals, outside counsel
Summary
The county public defender told councilors state guidance now limits use of supplemental funds and requested moving major expenses (pauper expense, appeals, transcripts, investigative services) into the general fund; the office estimated $800,000 for pauper expense and $300,000 for appeals, with up to 40% state reimbursement on eligible costs.
The county public defender’s office told the Vanderburgh County Council it can no longer rely on the supplemental account to pay predictable attorney costs and asked the board to shift substantial line items to the general fund.
“Historically we have been using the supplemental fund to pay pauper appeals and outside counsel,” the public defender said. Citing a January letter from the state Public Defender Commission, the office said items the county should budget in the general fund include pauper expenses, direct appeals, transcripts and investigative services. The public defender presented figures including roughly $800,000 in pauper expenses and $300,000 for appeals in the next budget cycle; he noted those expenditures are often reimbursable at about 40% by the state where eligible.
Councilors pushed back on scale, noting that funding the request would consume a large share of the county’s available budget room; one councilor said the ask “would consume way over half of what we can inflate our budget.” The public defender said the supplemental fund still holds roughly $200,000 but is restricted by commission guidance to unanticipated expenses (experts, emergency costs) or a single-year chief-deputy salary; it cannot be used for predictable, recurring attorney fees. Council members asked for a written recap from the state letter and scheduled follow-up meetings to explore phased approaches and potential alternative revenue sources; no immediate reallocation was approved.
