Ind. Code ch. 33-23-13

in effect

Ind. Code § 33-23-13-1 "Judge" defined

Sec. 1. As used in this chapter, "judge" has the meaning set forth in IC 33-38-12-3. [Pre-2004 Recodification Citation: 33-2.1-9-1.] As added by P.L.98-2004, SEC.2.

Ind. Code § 33-23-13-2 "Prosecuting attorney" defined

Sec. 2. As used in this chapter, "prosecuting attorney" includes a senior prosecuting attorney appointed under IC 33-39-1. [Pre-2004 Recodification Citation: 33-2.1-9-1.] As added by P.L.98-2004, SEC.2.

Ind. Code § 33-23-13-3 Defense by attorney general or private counsel

Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall: (1) defend the judge or prosecuting attorney in the suit; or (2) authorize the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense. [Pre-2004 Recodification Citation: 33-2.1-9-1.] As added by P.L.98-2004, SEC.2. Amended by P.L.161-2018, SEC.48.

Ind. Code § 33-23-13-4 Criminal or disciplinary proceedings

Sec. 4. This chapter does not permit the appointment of counsel for the defense of a judge or prosecuting attorney in criminal or disciplinary proceedings. [Pre-2004 Recodification Citation: 33-2.1-9-2.] As added by P.L.98-2004, SEC.2.

Ind. Code § 33-23-13-5 Right to select defense counsel; responsibility for civil damages

Sec. 5. This chapter does not: (1) deprive a judge or prosecuting attorney of the judge's or prosecuting attorney's right to select defense counsel of the judge's or prosecuting attorney's own choice at the judge's or prosecuting attorney's own expense; or (2) relieve a prosecuting attorney from responsibility for civil damages. [Pre-2004 Recodification Citation: 33-2.1-9-3.] As added by P.L.98-2004, SEC.2.

Ind. Code § 33-23-13-6 Attorney general employment of legal and other professional services

Sec. 6. The attorney general may employ legal and other professional services necessary to adequately and fully perform the duties required by this chapter. [Pre-2004 Recodification Citation: 33-2.1-9-4.] As added by P.L.98-2004, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026