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Text: HF00617                           Text: HF00619
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 618

Partial Bill History

Bill Text

  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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