Text: HSB00712 Text: HSB00714 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.1, subsection 1, Code Supplement 1 2 1995, is amended to read as follows: 1 3 1. "Appointed attorney" means an attorney appointed by the 1 4 court and compensated by the state to represent an indigent 1 5 defendant. 1 6 Sec. 2. Section 13B.4, Code Supplement 1995, is amended to 1 7 read as follows: 1 8 13B.4 DUTIES AND POWERS OF STATE PUBLIC DEFENDER. 1 9 1. The state public defender shall coordinate the 1 10 provision of legal representation of all indigents under 1 11 arrest or charged with a crime, on appeal in criminal cases, 1 12 and on appeal in proceedings to obtain postconviction relief 1 13 when ordered to do so by the district court in which the 1 14 judgment or order was issued, and may provide for the 1 15 representation of indigents in proceedings instituted pursuant 1 16 to chapter 908, and. The state public defender shall not 1 17 engage in the private practice of law.The state public1 18defender may represent an indigent under arrest or charged1 19with a crime at the discretion of the state public defender or1 20upon the request of a local public defender.1 21 2. The state public defender shall file with the clerk of 1 22 the district court in each county served by a public defender 1 23 a designation of which local public defender office shall 1 24 receive notice of appointment of cases. Except as otherwise 1 25 provided, in each county in which the state public defender 1 26 files such designation, the state public defender or its 1 27 designee shall be appointed by the court to represent all 1 28 eligible indigents, whether the case is criminal or juvenile 1 29 in nature. The appointment shall not be made if the state 1 30 public defender notifies the court that the local public 1 31 defender will not provide legal representation in cases 1 32 involving offenses as identified in the designation by the 1 33 state public defender. 1 342.3. The state public defender may contract with persons 1 35 admitted to practice law in this state for the provision of 2 1 legal services toindigents where there is no local public2 2defender office in the areaindigent or partially indigent 2 3 persons. 2 4 4. The state public defender is authorized to review any 2 5 claim made for payment of indigent defense costs and to take 2 6 the following action if the state public defender believes a 2 7 claim is excessive. 2 8 a. If the claim is from a noncontract attorney, the state 2 9 public defender shall request a review by the court granting 2 10 the claim as to the reasonableness of the claim within thirty 2 11 days of receipt of the claim. 2 12 b. If the claim is from a contract attorney, the state 2 13 public defender shall request a review by the appointing court 2 14 as to the reasonableness of the claim within thirty days of 2 15 receipt of the claim. 2 16 5. The state public defender is authorized to contract 2 17 with county attorneys to provide collection services related 2 18 to court-ordered indigent defense restitution of court- 2 19 appointed attorney fees or the expense of a public defender. 2 20 6. The state public defender shall report in writing to 2 21 the general assembly by January 20 of each year regarding any 2 22 funds recouped or collected for court-appointed attorney fees 2 23 or expenses of a public defender pursuant to section 331.756, 2 24 subsection 5, or section 602.8107 during the previous calendar 2 25 year. 2 26 7. The state public defender shall adopt rules, as 2 27 necessary, pursuant to chapter 17A to administer this chapter 2 28 and section 815.9. 2 29 Sec. 3. Section 13B.9, subsection 1, paragraphs a and b, 2 30 Code Supplement 1995, are amended to read as follows: 2 31 a. Represent without fee an indigent person who is under 2 32 arrest or charged with a crime if the indigent person requests 2 33itrepresentation or the court ordersitrepresentation. The 2 34 local public defender shall counsel and defend an indigent 2 35 defendant at every stage of the criminal proceedings and 3 1 prosecute before or after conviction any appeals or other 3 2 remedies which the local public defender considers to be in 3 3 the interest of justice unlessthe court appointsother 3 4 counsel is appointed to the case. 3 5 b. Represent an indigent party, without fee and upon an 3 6 order of the court, in child in need of assistance, family in 3 7 need of assistance, delinquency, and termination of parental 3 8 rights proceedings pursuant to chapter 232 in a county served 3 9 by a public defender. The local public defender shall counsel 3 10 and represent an indigent party in all proceedings pursuant to 3 11 chapter 232 in a county served by a public defender and 3 12 prosecute before or after judgment any appeals or other 3 13 remedies which the local public defender considers to be in 3 14 the interest of justice unlessthe court appointsother 3 15 counsel is appointed to the case. The state public defender 3 16 shall be reimbursed by the counties for services rendered by 3 17 employees of the local public defenders' offices under this 3 18 subsection, pursuant to section 232.141. 3 19 Sec. 4. Section 13B.9, Code Supplement 1995, is amended by 3 20 adding the following new subsections: 3 21 NEW SUBSECTION. 4. The local public defender shall handle 3 22 every case to which the local public defender is appointed if 3 23 the local public defender can reasonably handle the case. 3 24 NEW SUBSECTION. 5. If a conflict of interest arises or if 3 25 the local public defender is unable to handle a case because 3 26 of a temporary overload of cases, the local public defender 3 27 shall return the case to the court. The court shall first 3 28 appoint a contract attorney. Appointments by the court shall 3 29 be on a rotational or equalization basis considering the 3 30 experience of the attorney and the difficulty of the case. 3 31 NEW SUBSECTION. 6. If a contract attorney is not 3 32 available, or if a conflict of interest or overload of cases 3 33 prevents a contract attorney from handling a case, the court 3 34 shall appoint a private noncontract attorney who has agreed to 3 35 take the case. The appointment shall be on a rotational or 4 1 equalization basis, considering the experience of the attorney 4 2 and the difficulty of the case. 4 3 Sec. 5. Section 815.10, Code Supplement 1995, is amended 4 4 to read as follows: 4 5 815.10 APPOINTMENT OF COUNSEL BY COURT. 4 6 1. The court, for cause and upon its own motion or upon 4 7 application by an indigent person or a public defender,may4 8 shall appointathe state public defender, the state public 4 9 defender's designee pursuant to section 13B.4, oranyan 4 10 attorneywho is admitted to the practice of law in this state4 11 pursuant to section 13B.9 to represent an indigent person at 4 12 anystatestage of the criminal or juvenile proceedings or on 4 13 appeal of any criminal or juvenile action in which the 4 14 indigent person is entitled to legal assistance at public 4 15 expense. However, in juvenile cases, the court may directly 4 16 appoint an existing nonprofit corporation established for and 4 17 engaged in the provision of legal services for juveniles. An 4 18 appointment shall not be made unless the person is determined 4 19 to be indigent under section 815.9. 4 202. If a court finds that a person desires legal assistance4 21and is not indigent, but refuses to employ an attorney, the4 22court shall appoint a public defender or another attorney to4 23represent the person at public expense. If an attorney other4 24than a public defender is appointed, the fee paid to the4 25attorney shall be taxed as a court cost against the person.4 263.2. An attorney other than a public defender or a 4 27 contract attorney who is appointed by the court under 4 28subsection 1 or 2this section shall apply to the district 4 29 court for compensation and for reimbursement of costs 4 30 incurred. The amount of compensation due shall be determined 4 31 in accordance with section 815.7. 4 32 3. A contract attorney appointed by the court pursuant to 4 33 this section and section 13B.4 shall apply to the state public 4 34 defender for compensation and for reimbursement of costs 4 35 incurred in accordance with the contract. The amount of 5 1 compensation due shall be determined in accordance with the 5 2 contract. 5 3 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 5 4 immediate importance, takes effect upon enactment. 5 5 Sec. 7. RETROACTIVE APPLICABILITY. This Act is 5 6 retroactively applicable to July 1, 1995, and is applicable on 5 7 or after that date. 5 8 EXPLANATION 5 9 This bill primarily returns the Code provisions concerning 5 10 indigent defendants and public defenders to the language in 5 11 the Code prior to July 1, 1995. Most of the language in this 5 12 bill was adopted in 1991 Iowa Acts, chapter 268. That bill 5 13 provided for the repeal of the language on July 1, 1995, and 5 14 required the Code editor to return the language as it had 5 15 appeared in the 1991 Code. Due to this directive to the Code 5 16 editor, the bill also restores intervening amendments to the 5 17 sections since the enactment of the 1991 legislation. 5 18 The bill requires that the state public defender coordinate 5 19 the representation of all indigents. The bill requires the 5 20 state public defender to designate the local public defender 5 21 office that will take cases in a county served by a public 5 22 defender. 5 23 The bill permits the state public defender to review claims 5 24 for payment of indigent defense costs by a noncontract or 5 25 contract attorney and if the state public defender believes 5 26 the costs to be excessive, to request a review before the 5 27 relevant court to consider the costs. The bill allows the 5 28 state public defender to contract with county attorneys to 5 29 recover court-ordered attorney fees awarded. 5 30 The bill provides for the appointment of a contract or 5 31 noncontract attorney for representation of indigent clients 5 32 when the public defender is unable to represent the clients. 5 33 The bill also permits a court, concerning indigent 5 34 juveniles, to appoint a nonprofit corporation established to 5 35 provide representation to juveniles to represent the juvenile. 6 1 The bill does not restore language providing for the 6 2 indigent defense advisory commission. In addition, the bill 6 3 strikes section 815.10, subsection 2, which provides for 6 4 court-appointed counsel to be taxed as court costs against a 6 5 person who desires legal assistance, is not indigent, but 6 6 refuses to employ an attorney. 6 7 The bill takes effect upon enactment and is retroactively 6 8 applicable to July 1, 1995. 6 9 LSB 3705XL 76 6 10 ec/sc/14.1
Text: HSB00712 Text: HSB00714 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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