Do the Indigence Examiners work for the Public Defenders Office?
NO. They are employed by the Administrative Office of the Courts and are independent from the Public Defender and State Attorney’s Offices. Their findings are reported directly to the judge. What is the fee and who has to pay it? By law, a $40.00 application fee is required to be assessed against every defendant interviewed by the Indigence Examiners, unless their case is dismissed at bond hearing. The fee is allocated to the Indigent Criminal Defense Trust Fund to help pay the cost of public defense. What happens if a defendant cannot pay the application fee? The $40.00 fee, mandated by statute, cannot be waived or reduced. The defendant may be given a payment schedule or may be sent to the Judicial Enforcement Section to ensure collection. How is the need for public counsel determined and verified? Indigence and eligibility for public counsel is based on the federal poverty guidelines. Prior to or during bond hearings, Indigence Examiners interview all defendants seeking the appointm
