Public Defender of Indiana Post-Conviction Representation FAQ (Indiana)

The Public Defender of Indiana, within the state judicial branch, provides representation in Indiana post-conviction relief actions for convicted and sentenced adults and committed juveniles who are incarcerated and indigent. This FAQ explains that in non-capital cases a person must first file a pro se petition for post-conviction relief in the court of conviction, answer Yes to Question 18(a) asking whether they want the Public Defender to represent them, and complete the Affidavit of Indigency; any other answer to 18(a) forfeits the right to that representation. Under Post-Conviction Rule 1(2) the trial judge sends a copy of the petition to the office. In capital cases representation is automatic for indigent petitioners, with an appearance entered within thirty days of completion of rehearing on direct appeal. The page lists excluded matters, including timely direct appeals, successive petitions without appellate permission, probation and parole revocations, and federal court. Office: One North Capitol Suite 800, Indianapolis; 317-232-2475.