S.F. _____ H.F. _____ Section 1. Section 815.9, subsection 4, paragraph b, Code 1 2013, is amended to read as follows: 2 b. If the appointed attorney is a private attorney or is 3 employed by a nonprofit organization, the state public defender 4 shall report to the clerk of the district court the amounts 5 of any approved claims for compensation and expenses paid on 6 behalf of a person receiving legal assistance after such claims 7 have been reviewed and paid by the state public defender unless 8 the appointed attorney is paid other than on an hourly rate 9 basis and the state public defender has notified the appointed 10 attorney that the attorney is responsible for reporting the 11 attorney’s total hours of service plus expenses to the court . 12 Sec. 2. Section 815.9, subsection 4, Code 2013, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . c. If the appointed attorney has been 15 notified by the state public defender that the attorney is 16 responsible for reporting to the court the total hours of 17 service plus expenses incurred in providing legal assistance 18 to a person, the attorney shall submit a report to the court 19 in the same manner as a public defender submits a report 20 pursuant to paragraph “a” . The amount of the attorney fees to 21 be included in the total cost of legal assistance required to 22 be reimbursed shall be calculated using the hours of service 23 stated in the report at the hourly rate of compensation 24 specified under section 815.7. 25 Sec. 3. Section 815.9, subsection 6, Code 2013, is amended 26 to read as follows: 27 6. If the person receiving legal assistance is acquitted 28 or has all charges dismissed in a criminal case or is a party 29 in a case other than a criminal case, the court shall order 30 the payment of all or a portion of the total costs and fees 31 incurred for legal assistance, to the extent the person is 32 reasonably able to pay, after an inquiry which includes notice 33 and reasonable opportunity to be heard. 34 Sec. 4. Section 815.10, subsection 4, Code 2013, is amended 35 -1- LSB 1171XD (3) 85 jm/rj 1/ 4

S.F. _____ H.F. _____ to read as follows: 1 4. The appointment of an attorney shall be on a rotational 2 or equalization basis, considering the experience of the 3 attorney and the difficulty of the case. The court may also 4 consider the geographic proximity of the attorney’s office to 5 the courthouse and client. 6 Sec. 5. Section 815.10, Code 2013, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 7. The state public defender may adopt 9 rules setting forth additional uniform standard procedures for 10 the appointment of counsel and uniform forms for appointment. 11 Sec. 6. Section 815.10A, subsection 2, Code 2013, is amended 12 to read as follows: 13 2. Claims for compensation and reimbursement submitted 14 by an attorney appointed after June 30, 2004, and claims for 15 any other expenses paid from the indigent defense fund are not 16 considered timely unless the claim is submitted to the state 17 public defender within forty-five days of a withdrawal order, 18 sentencing, acquittal, or dismissal, whichever is earliest, 19 in a criminal case or the withdrawal order, final ruling, or 20 dismissal, whichever is earliest, in any other type of case the 21 date of service, as defined by the state public defender in 22 rules . 23 Sec. 7. Section 908.2A, subsection 2, Code 2013, is amended 24 to read as follows: 25 2. If the appointing authority determines counsel should be 26 appointed and all of the criteria apply in subsection 1 , the 27 appointing authority shall appoint the state public defender’s 28 designee pursuant to section 13B.4. If the state public 29 defender has not made a designation for the type of case or 30 the state public defender’s designee is unable to handle the 31 case, a contract attorney with the state public defender may 32 be appointed to represent the alleged parole violator. If a 33 contract attorney is unavailable, an attorney who has agreed 34 to provide these services may be appointed. The appointed 35 -2- LSB 1171XD (3) 85 jm/rj 2/ 4

S.F. _____ H.F. _____ attorney shall apply to the state public defender for payment 1 in the manner prescribed by the state public defender. 2 EXPLANATION 3 This bill relates to the practices and procedures of the 4 state public defender. 5 If an appointed attorney is paid other than on an hourly 6 basis and the state public defender has notified the appointed 7 attorney to provide the reporting of the total hours of service 8 and expenses for each case to the court, the bill requires the 9 appointed attorney to provide such reporting to the court. 10 If an appointed attorney has been notified by the state 11 public defender that the attorney is responsible for reporting 12 to the court the total hours of service plus expenses incurred 13 in providing legal assistance to a person, the bill requires 14 the attorney to submit the report to the court in the same 15 manner as a public defender under Code section 815.9(4). 16 If an indigent person has all charges dismissed in a criminal 17 case, the bill requires the court to order payment of all or 18 a portion of the total costs and fees incurred for any legal 19 assistance to the extent the indigent person is reasonably able 20 to pay. Current law requires an indigent person to pay the 21 total costs and fees incurred to the extent the indigent person 22 is reasonably able to pay if the indigent person was acquitted 23 of the charges. 24 The bill permits the court to consider the geographic 25 proximity of the attorney’s office to the courthouse and the 26 client when appointing an attorney to represent an indigent 27 person. 28 The bill allows the state public defender to adopt rules 29 setting forth additional uniform standard procedures for the 30 appointment of counsel and uniform forms for appointment. 31 The bill requires that any claims for expenses paid from 32 the indigent defense fund be submitted within 45 days of the 33 “date of service”. The definition for the “date of service” 34 is found in 493 IAC 7.1. Current law only requires that claims 35 -3- LSB 1171XD (3) 85 jm/rj 3/ 4

S.F. _____ H.F. _____ for compensation and reimbursement be submitted within 45 days 1 of the date of service. 2 In a parole revocation case, if the appointing authority 3 determines an alleged parole violator is entitled to the 4 appointment of counsel, the bill requires that the appointing 5 authority first appoint the state public defender’s designee, 6 and if the state public defender’s designee is unavailable, 7 the appointing authority is required to appoint a contract 8 attorney with the state public defender. If a contract 9 attorney is unavailable, an attorney who has agreed to provide 10 representation to the alleged parole violator may be appointed. 11 -4- LSB 1171XD (3) 85 jm/rj 4/ 4