Text: HF00617 Text: HF00619 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.141, subsection 3, paragraph c, 1 2 Code 1997, is amended to read as follows: 1 3 c. Costs incurred under subsection 2 which are not paid by 1 4 the county under paragraphs "a" and "b" shall be reimbursed by 1 5 the state. Reimbursement for the costs of compensation of an 1 6 attorney appointed by the court to serve as counsel or 1 7 guardian ad litem shall be made as provided in section 815.7. 1 8 A county shall apply for reimbursement to the department of 1 9 inspections and appeals which shall prescribe rules and forms 1 10 to implement this subsection. 1 11 Sec. 2. Section 815.7, Code 1997, is amended to read as 1 12 follows: 1 13 815.7 FEES TO ATTORNEYS. 1 14 An attorney who has not entered into a contract authorized 1 15 under section 13B.4 and who is appointed by the court to 1 16 represent any person charged with a crime in this state or to 1 17 serve as counsel or guardian ad litem to a person in juvenile 1 18 court in this state shall be entitled to a reasonable 1 19 compensation which shall be the ordinary and customary charges 1 20 for like services in the community to be decided in each case 1 21 by a judge of the district court or of the juvenile court, as 1 22 applicable, including such sum or sums as the court may 1 23 determine are necessary for investigation in the interests of 1 24 justice and in the event of appeal the cost of obtaining the 1 25 transcript of the trial and the printing of the trial record 1 26 and necessary briefs in behalf of the defendant. However, the 1 27 reasonable compensation awarded an attorney shall not be 1 28 calculated based upon an hourly rate that exceeds the rate a 1 29 contract attorney as provided in section 13B.4 would receive 1 30 in a similar case. Such attorney need not follow the case 1 31 into another county or into the appellate court unless so 1 32 directed by the court at the request of the defendant, where 1 33 grounds for further litigation are not capricious or 1 34 unreasonable, but if such attorney does so, the attorney's fee 1 35 shall be determined accordingly. Only one attorney fee shall 2 1 be so awarded in any one case except that in class "A" felony 2 2 cases, two may be authorized. 2 3 EXPLANATION 2 4 This bill provides that the costs of compensation of 2 5 attorneys who are appointed by the court to serve as counsel 2 6 or guardian ad litem for persons in juvenile court, which are 2 7 not paid by a county as part of the county's based cost for 2 8 witness fees, mileage fees, and attorney fees, are to be paid 2 9 by the state in the same manner provided for attorneys 2 10 appointed to represent indigent persons in criminal cases. 2 11 LSB 2602HV 77 2 12 lh/jj/8
Text: HF00617 Text: HF00619 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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