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Marshall County Commissioners advance plan for dedicated Public Defenders Department

Thursday, December 4, 2025 at 1:00 AM

By Kathy Bottorff

The Marshall County Commissioners have taken a significant step towards enhancing the county's legal system, approving on first reading an ordinance to establish a dedicated Public Defenders Department. This move is expected to streamline operations, improve public defender services, and provide substantial financial benefits to the county through state reimbursement.

County Attorney Sean Surrisi noted that efforts to create this department began earlier this year with strong support from the county's four judges. The new structure will bring changes to how public defenders are assigned and compensated, aiming for greater efficiency and accountability.

A key benefit of the new department is the ability to seek reimbursement from the state. Commissioner Jesse Bohannon estimated that approximately 40% of the county’s annual public defender costs, roughly $50,000, could be recouped, clarifying expenses for budgetary purposes. While the program is slated to begin in January, additional appropriations will be required to fund its initial setup, as the budget has already been approved.

To ensure a smooth transition, Commissioner Stan Klotz explained that a full-time department head will not be hired immediately. Instead, the county plans to contract with an experienced attorney from Rochester who currently manages Fulton County’s Public Defender program. This part-time individual will be responsible for scheduling public defenders and ensuring proper legal coverage across all county courts.

County Commissioner Jesse Bohannon expressed strong support for the initiative. "I think this is a huge win for Marshall County," Bohannon stated. "I became aware of this program through the Indiana Association of Counties meeting, and it's clear most other counties in Indiana adopted this model years ago."

Bohannon highlighted two primary benefits: "Firstly, it allows us to increase the pay for public defenders, which should help us avoid shortfalls and improve our ability to recruit and retain qualified legal professionals. Secondly, even with higher rates, the county will be reimbursed 40% of those costs by the state, making it a fiscally responsible decision."

The County Commissioners will consider this ordinance on second and third readings at their December 15th meeting. 

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