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PAG LIN 1 1 Section 1. Section 13B.4, Code 1997, is amended to read as 1 2 follows: 1 3 13B.4 DUTIES AND POWERS OF STATE PUBLIC DEFENDER. 1 4 1. The state public defender shall coordinate the 1 5 provision of legal representation of all indigents under 1 6 arrest or charged with a crime, seeking postconviction relief, 1 7 against whom a contempt action is pending, on appeal in 1 8 criminal cases, and on appeal in proceedings to obtain 1 9 postconviction relief when ordered to do so by the district 1 10 court in which the judgment or order was issued, and may 1 11 provide for the representation of indigents in proceedings 1 12 instituted pursuant to chapter 908. The state public defender 1 13 shall not engage in the private practice of law. 1 14 2. The state public defender shall file with the clerk of 1 15 the district court in each county served by a public defender 1 16 a designation of which local public defender office shall 1 17 receive notice of appointment of cases. Except as otherwise 1 18 provided, in each county in which the state public defender 1 19 files such designation, the state public defender or its 1 20 designee shall be appointed by the court to represent all 1 21 eligible indigents,whether the case is criminal or juvenile1 22in naturein all of the cases and proceedings specified under 1 23 subsection 1. The appointment shall not be made if the state 1 24 public defender notifies the court that the local public 1 25 defender will not provide legal representation in cases 1 26involving offensesas identified in the designation by the 1 27 state public defender. 1 28 3. The state public defender may contract with persons 1 29 admitted to practice law in this state for the provision of 1 30 legal services to indigentor partially indigentpersons. 1 31 4. The state public defenderis authorized to review any1 32claim made for payment of indigent defense costs and to take1 33the following action if the state public defender believes a1 34claim is excessive:1 35a. If the claim is from a noncontract attorney, the state2 1public defender shall request a review by the court granting2 2the claim as to the reasonableness of the claim within thirty2 3days of receipt of the claim.2 4b. If the claim is from a contract attorney, the state2 5public defender shall request a review by the appointing court2 6as to the reasonableness of the claim within thirty days of2 7receipt of the claimshall establish hourly rates of 2 8 compensation to be paid to court-appointed counsel, and shall 2 9 establish fee limitations for particular categories of cases. 2 10 The hourly rates and fee limitations shall be reviewed at 2 11 least every three years. 2 12 5. The state public defender shall establish an expedited 2 13 procedure for court-appointed counsel to request advance 2 14 approval for anticipated compensation in excess of any fee 2 15 limitation. In determining whether a request should be 2 16 granted, the state public defender shall consider whether the 2 17 anticipated services are necessary and reasonable. The state 2 18 public defender shall not require disclosure by the attorney 2 19 of any information which is not subject to discovery under 2 20 applicable law. Actions of the state public defender with 2 21 regard to requests for advance approval for anticipated 2 22 compensation in excess of any fee limitation shall be deemed 2 23 final agency action. 2 24 Notwithstanding chapter 17A, an attorney whose request for 2 25 approval is denied may seek an expedited review of the denial 2 26 by the appointing court, in accordance with rules adopted by 2 27 the state public defender regarding procedure and conduct of 2 28 review of denials of requests. The type of review and relief 2 29 the court may provide shall be limited to the review and 2 30 relief specified in section 17A.19. The review hearing shall 2 31 be conducted on an expedited basis, in the manner specified in 2 32 rules promulgated by the court. 2 33 6. The state public defender shall establish a procedure 2 34 for the submission of all claims for payment of indigent 2 35 defense fees and costs, including the submission of interim 3 1 claims in appropriate cases. The state public defender shall 3 2 review any claim made for payment and shall pay all 3 3 appropriate and reasonable charges. If any portion of a claim 3 4 is excessive or not payable under the attorney's appointment, 3 5 the state public defender may deny that portion of the claim. 3 6 Actions of the state public defender in approving, denying, or 3 7 modifying claims shall be deemed final agency action. 3 8 Notwithstanding the venue restrictions contained in section 3 9 17A.19, the appointing court may hear proceedings for judicial 3 10 review of the actions of the state public defender in 3 11 approving, denying, or modifying claims for compensation. 3 1257. The state public defenderis authorized tomay 3 13 contract with county attorneys to provide collection services 3 14 related to court-ordered indigent defense restitution of 3 15 court-appointed attorney fees or the expense of a public 3 16 defender. 3 1768. The state public defender shall report in writing to 3 18 the general assembly by January 20 of each year regarding any 3 19 funds recouped or collected for court-appointed attorney fees 3 20 or expenses of a public defender pursuant to section 331.756, 3 21 subsection 5, or section 602.8107 during the previous calendar 3 22 year. 3 2379. The state public defender shall adopt rules, as 3 24 necessary, pursuant to chapter 17A to administer this chapter 3 25 and section 815.9. 3 26 Sec. 2. Section 13B.9, subsection 1, paragraph b, Code 3 27 1997, is amended to read as follows: 3 28 b. Represent an indigent party, without fee and upon an 3 29 order of the court, in child in need of assistance, family in 3 30 need of assistance, delinquency, and termination of parental 3 31 rights proceedings pursuant to chapter 232 in a county served 3 32 by a public defender. The local public defender shall counsel 3 33 and represent an indigent party in all proceedings pursuant to 3 34 chapter 232 in a county served by a public defender and 3 35 prosecute before or after judgment any appeals or other 4 1 remedies which the local public defender considers to be in 4 2 the interest of justice unless other counsel is appointed to 4 3 the case.The state public defender shall be reimbursed by4 4the counties for services rendered by employees of the local4 5public defenders' offices under this subsection, pursuant to4 6section 232.141.4 7 Sec. 3. Section 13B.8, subsection 2, Code 1997, is amended 4 8 to read as follows: 4 9 2. a. The state public defender may appoint a local 4 10 public defender and may remove the local public defender for 4 11 cause. The local public defender must be an attorney admitted 4 12 to the practice of law before the Iowa supreme court. 4 13 b. The state public defender may appoint assistant local 4 14 public defenders, clerks, investigators, secretaries, and 4 15 other employees. An assistant local public defender must be 4 16 an attorney licensed to practice before the Iowa supreme court 4 17 and may not engage in the private practice of law. 4 18 Sec. 4. Section 13B.9, subsection 1, paragraph c, Code 4 19 1997, is amended by striking the paragraph. 4 20 Sec. 5. Section 13B.9, subsection 3, Code 1997, is amended 4 21 by striking the subsection. 4 22 Sec. 6. Section 13B.10, subsections 2 through 4, Code 4 23 1997, are amended by striking the subsections. 4 24 Sec. 7. Section 124.407, unnumbered paragraphs 2 and 7, 4 25 Code 1997, are amended by striking the unnumbered paragraphs. 4 26 Sec. 8. Section 229.19, unnumbered paragraph 3, Code 1997, 4 27 is amended to read as follows: 4 28 The court or, if the advocate is appointed by the county 4 29 board of supervisors, the board shall prescribe reasonable 4 30 compensation for the services of the advocate. The 4 31 compensation shall be based upon the reports filed by the 4 32 advocate with the court. The advocate's compensation shall be 4 33 paid by the county in which the court is located, either on 4 34 order of the court or, if the advocate is appointed by the 4 35 county board of supervisors, on the direction of the board. 5 1 If the advocate is appointed by the court, the advocate is an 5 2 employee of the state for purposes of chapter 669. If the 5 3 advocate is appointed by the county board of supervisors, the 5 4 advocate is an employee of the county for purposes of chapter 5 5 670. If the patient or the person who is legally liable for 5 6 the patient's support is not indigent, the board shall recover 5 7 the costs of compensating the advocate from that person.If5 8that person has an income level as determined pursuant to5 9section 815.9 greater than one hundred percent but not more5 10than one hundred fifty percent of the poverty guidelines, at5 11least one hundred dollars of the advocate's compensation shall5 12be recovered in accordance with rules adopted by the state5 13public defender. If that person has an income level as5 14determined pursuant to section 815.9 greater than one hundred5 15fifty percent of the poverty guidelines, at least two hundred5 16dollars of the advocate's compensation shall be recovered in5 17accordance with rules adopted by the state public defender.5 18 Sec. 9. Section 232.141, subsections 2 and 3, Code 5 19 Supplement 1997, are amended to read as follows: 5 20 2. Upon certification of the court, all of the following 5 21 expenses are a charge upon the county in which the proceedings 5 22 are held, to the extent provided in subsection 3: 5 23 a. The fees and mileage of witnesses and the expenses of 5 24 officers serving notices and subpoenas incurred by an attorney 5 25 appointed by the court to serve as counsel or guardian ad 5 26 litem. 5 27 b. Reasonable compensation for an attorney appointed by 5 28 the court to serve as counsel or guardian ad litem. 5 29 3. Costs incurred under subsection 2 shall be paid as 5 30 follows: 5 31 a.AFor each fiscal year, a county shall berequired to5 32payliable forthe fiscal year beginning July 1, 1989,an 5 33 amount equal to the county's base cost for witness and mileage 5 34 fees and attorney feesestablished pursuant to section5 35232.141, subsection 8, paragraph "d", Code 1989, for the6 1fiscal year beginning July 1, 1988, plus an amount equal to6 2the percentage rate of change in the consumer price index as6 3tabulated by the federal bureau of labor statistics for the6 4current year times the county's base costA county's base cost 6 5 shall be the amount a county was required to pay pursuant to 6 6 section 232.141, subsection 3, Code 1997, for the fiscal year 6 7 beginning July 1, 1997, and ending June 30, 1998, in 6 8 accordance with the schedule contained in this Act. The 6 9 payment of the county's base cost shall be made through an 6 10 offset of the county allocation as provided in section 405A.4. 6 11b. A county's base cost for a fiscal year plus the6 12percentage rate of change amount as computed in paragraph "a"6 13is the county's base cost for the succeeding fiscal year. The6 14amount to be paid in the succeeding year by the county shall6 15be computed as provided in paragraph "a".6 16c.b. Costs incurred under subsection 2,which are not6 17paid by the county under paragraphs "a" and "b"shall be 6 18reimbursedpaid by the state.ReimbursementPayment for the 6 19 costs of compensation of an attorney appointed by the court to 6 20 serve as counsel or guardian ad litem shall be made as 6 21 provided in section 815.7. Acountyperson eligible for 6 22 payment by the state shall apply forreimbursement to the6 23department of inspections and appeals which shall prescribe6 24rules and forms to implement this subsectionpayment as 6 25 provided in section 815.10. 6 26 Sec. 10. Section 237.20, subsection 4, paragraph e, Code 6 27 Supplement 1997, is amended to read as follows: 6 28 e. The guardian ad litem of the foster child.TheAn 6 29 attorney appointed as guardian ad litem shall be eligible for 6 30 compensation through section 232.141, subsection1, paragraph6 31"b"2. 6 32 Sec. 11. Section 405A.4, subsection 1, Code 1997, is 6 33 amended by adding the following new paragraph: 6 34 NEW PARAGRAPH. d. A deduction of the amount of the 6 35 county's liability for juvenile court proceedings pursuant to 7 1 section 232.141. 7 2 Sec. 12. Section 602.8106, subsection 1, Code 1997, is 7 3 amended by adding the following new paragraph: 7 4 NEW PARAGRAPH. g. The thirty-five dollar installment 7 5 payment fee assessed in the manner provided in section 815.9. 7 6 Sec. 13. Section 602.8107, subsection 2, unnumbered 7 7 paragraph 1, Code Supplement 1997, is amended to read as 7 8 follows: 7 9 If the clerk receives payment from a person who is an 7 10 inmate of a state institution or who is under the supervision 7 11 of a judicial district department of correctional services, 7 12 the payment shall be applied to the balance owed under the 7 13 identified case number of the case which has resulted in the 7 14 placement of the person in a state institution or under the 7 15 supervision of the judicial district department of 7 16 correctional services. If a case number is not identified, 7 17 the clerk shall apply the payment to the balance owed in the 7 18 criminal case with the oldest judgment against the person. 7 19PaymentsAfter payment of a thirty-five dollar installment 7 20 payment fee under section 815.9, payments received under this 7 21 section shall be applied in the following priority order: 7 22 Sec. 14. Section 602.8108, subsection 2, Code 1997, is 7 23 amended to read as follows: 7 24 2. Except as otherwise provided, the clerk of the district 7 25 court shall report and submit to the state court 7 26 administrator, not later than the fifteenth day of each month, 7 27 the fines and fees received during the preceding calendar 7 28 month. Except as provided in subsections 4 and 5, the state 7 29 court administrator shall deposit the amounts received with 7 30 the treasurer of state for deposit in the general fund of the 7 31 state. The state court administrator shall report to the 7 32 legislative fiscal bureau within thirty days of the beginning 7 33 of each fiscal quarter the amount received during the previous 7 34 quarter in the account established under this section. The 7 35 report shall contain a separate accounting for any amounts 8 1 received for payment of the thirty-five dollar installment 8 2 payment fees assessed under section 815.9. 8 3 Sec. 15. Section 814.11, Code 1997, is amended to read as 8 4 follows: 8 5 814.11 INDIGENT'S RIGHT TO COUNSEL. 8 6 An indigent defendant is entitled to appointed counsel on 8 7 the appeal of all indictable offenses.SuchThe appointment 8 8is subject to rules of the supreme courtshall be made to the 8 9 state appellate defender unless the state appellate defender 8 10 is unable to handle the case due to a conflict of interest or 8 11 because of a temporary overload of cases. If the state 8 12 appellate defender is unable to handle the case, the court 8 13 shall appoint an attorney who has a contract with the state 8 14 public defender to handle such an appeal. If the court 8 15 determines that no contract attorney is available to handle 8 16 the appeal, the court may appoint a noncontract attorney who 8 17 has agreed to handle the case, but the order of appointment 8 18 shall include a specific finding that no contract attorney was 8 19 available. The appointment of noncontract attorneys shall be 8 20 on a rotational or equalization basis, considering the 8 21 qualifications and experience of the attorney and the 8 22 difficulty of the case. 8 23 Sec. 16. Section 815.4, Code 1997, is amended to read as 8 24 follows: 8 25 815.4 SPECIAL WITNESSES FOR INDIGENTS. 8 26 Witnesses secured for indigentor partially indigent8 27 defendants under R.Cr.P. 19 must file a claim for compensation 8 28 supported by an affidavit specifying the time expended, 8 29 services rendered, and expenses incurred on behalf of the 8 30 defendant. 8 31 Sec. 17. Section 815.5, Code 1997, is amended to read as 8 32 follows: 8 33 815.5 EXPERT WITNESSES FOR STATE AND DEFENSE. 8 34 Notwithstanding the provisions of section 622.72, 8 35 reasonable compensation as determined by the court shall be 9 1 awarded expert witnesses, expert witnesses for an indigentor9 2partially indigentperson referred to in section 815.4, or 9 3 called by the state in criminal cases. 9 4 Sec. 18. Section 815.7, Code Supplement 1997, is amended 9 5 to read as follows: 9 6 815.7 FEES TO ATTORNEYS. 9 7 An attorney who has not entered into a contract authorized 9 8 under section 13B.4 and who is appointed by the court to 9 9 represent any person charged with a crime in this state, 9 10 seeking postconviction relief, against whom a contempt action 9 11 is pending, appealing a criminal conviction, appealing a 9 12 denial of postconviction relief, or to serve as counsel for 9 13 any person or guardian ad litemto a personfor any child in 9 14 juvenile courtin this stateshall be entitled toareasonable 9 15 compensationwhich shall be the ordinary and customary charges9 16for like services in the community to be decided in each case9 17by a judge of the district court or of the juvenile court, as9 18applicable, including such sum or sums as the court may9 19determine are necessary for investigation in the interests of9 20justice and in the event of appeal the cost of obtaining the9 21transcript of the trial and the printing of the trial record9 22and necessary briefs in behalf of the defendant. However, the9 23reasonable compensation awarded an attorney shall not be9 24calculated based upon anat the same hourly ratethat exceeds9 25the rateand for the same activities and expenses that a 9 26 contract attorney as provided in section 13B.4 would receive 9 27 in a similar case.SuchThe expenses shall include any sum or 9 28 sums as may be necessary for investigation in the interests of 9 29 justice and, in the event of any appeal, the cost of obtaining 9 30 the transcript of the trial and the printing of the trial 9 31 record and necessary briefs. An attorney need not follow the 9 32 case into another county or into the appellate court unlessso9 33 directed to do so by the courtat the request of the9 34defendant, where grounds for further litigation are not9 35capricious or unreasonable, but if such attorney does so, the10 1attorney's fee shall be determined accordingly. If the 10 2 attorney follows the case into another county or into 10 3 appellate court, the attorney shall be entitled to 10 4 compensation as provided in this section. Only one attorney 10 5 fee shall be so awarded in any one case except that in class 10 6 "A" felony cases, two may be authorized. 10 7 Sec. 19. Section 815.9, Code 1997, is amended to read as 10 8 follows: 10 9 815.9 INDIGENCY DETERMINED – PENALTY. 10 10 1. For purposes of this chapter,section 68.8, section10 11222.22chapter 13B, chapter 232, chapter 665, chapter 814, 10 12 chapter 822, and the rules of criminal procedure,the10 13following applya person is indigent if the person is entitled 10 14 to an attorney appointed by the court as follows: 10 15 a. A person isindigententitled to an attorney appointed 10 16 by the court to represent the person if the person has an 10 17 income level at or below one hundredfiftytwenty-five percent 10 18 of the United States poverty level as defined by the most 10 19 recently revised poverty income guidelines published by the 10 20 United States department of health and human services, unless 10 21 the court determines that the person is able to pay for the 10 22 cost of an attorney to represent the person on the pending 10 23 charges. In making the determination of a person's ability to 10 24 pay for the cost of an attorney, the court shall consider not 10 25 only the person's income, but also the availability of any 10 26 assets not subject to execution, including but not limited to 10 27 cash, stocks, bonds, and any other property which may be 10 28 applied to the satisfaction of judgments. 10 29b. A person is not indigent if the person has an income10 30level greater than one hundred fifty percent of the United10 31States poverty level as defined by the most recently revised10 32poverty income guidelines published by the United States10 33department of health and human services.10 34cb. A person with an income level greater than one 10 35 hundredfiftytwenty-five percent, butless thanat or below 11 1 two hundred percent, of the most recently revised poverty 11 2 income guidelines published by the United States department of 11 3 health and human servicesmay be deemed partially indigent by11 4 shall not be entitled to an attorney appointed by the court, 11 5 unless the courtpursuant tomakes a written finding that,11 6given the person's circumstances,not appointing counsel on 11 7 the pending charges would cause the person substantial 11 8 hardship.However, the court shall require a person appointed11 9counsel to contribute to the cost of representation in11 10accordance with rules adopted by the state public defender.11 11 In determining whether substantial hardship would result, the 11 12 court shall consider not only the person's income, but also 11 13 the availability of any assets not subject to execution, 11 14 including but not limited to cash, stocks, bonds, and any 11 15 other property which may be applied to the satisfaction of 11 16 judgments. 11 17dc. A person with an income level greater than two 11 18 hundred percent of the most recently revised poverty income 11 19 guidelines published by the United States department of health 11 20 and human services shall not bedeemed indigent or partially11 21indigententitled to any attorney appointed by the court, 11 22 unless the person is charged with a felony and the court makes 11 23 a written finding that, given the person's circumstances,not 11 24 appointing counsel would cause the person substantial 11 25 hardship.However, the court shall require a person appointed11 26counsel to contribute to the cost of representation in11 27accordance with rules adopted by the state public defender.11 28 In determining whether substantial hardship would result, the 11 29 court shall consider not only the person's income, but also 11 30 the availability of any assets not subject to execution, 11 31 including but not limited to cash, stocks, bonds, and any 11 32 other property which may be applied to the satisfaction of 11 33 judgments. 11 34 2. A determination ofthe indigent status ofwhether a 11 35 person is entitled to an appointed attorney shall be made on 12 1 the basis of an affidavit of financial status submitted at the 12 2 time of the person's initial appearancebefore a courtor at 12 3 such later time as a request for court appointment is made. 12 4If a person is granted legal assistance as an indigent or12 5partial indigent, the financial statement shall be filed and12 6permanently retained in the person's court file.The state 12 7 public defender shall adopt rules prescribing the form and 12 8 content of the affidavit of financialstatement and the12 9criteria by which a determination of indigency shall be based12 10 status. The affidavit of financialstatementstatus shall be 12 11 signed under penalty of perjury and shall contain sufficient 12 12 information to allow the determination to be made of whether 12 13 the personmeets the guidelines set out in subsection 1 and12 14shall be accompanied by the person's most recent pay slip, if12 15employedis entitled to an appointed attorney under this 12 16 section. If the person is granted an appointed attorney, the 12 17 affidavit of financial status shall be filed and permanently 12 18 retained in the person's court file. 12 19 3.A person who knowingly submits a false financial12 20statement for the purpose of obtaining legal assistance by12 21appointed counsel commits a fraudulent practice.If a person 12 22 is granted an appointed attorney, the person shall be required 12 23 to reimburse the state for the total cost of legal assistance 12 24 provided to the person.As used in this subsection, "legal12 25assistance" includes legal counsel"Legal assistance" as used 12 26 in this section shall include not only an appointed attorney, 12 27 but also transcripts, witness feesand, expenses, and any 12 28 other goods or services required by law to be provided to an 12 29 indigent person. 12 30 4. If the case is a criminal case, all costs and fees 12 31 incurred for legal assistance shall become due and payable to 12 32 the clerk of the district court by the person receiving the 12 33 legal assistance not later than the date of sentencing, or if 12 34 the person is acquitted or the charges are dismissed, within 12 35 thirty days of the acquittal or dismissal. 13 1 5. If the case is other than a criminal case, all costs 13 2 and fees incurred for legal assistance shall become due and 13 3 payable to the clerk of the district court by the person 13 4 receiving the legal assistance within ten days of the court's 13 5 ruling in the case, or if the case is dismissed, within ten 13 6 days of the dismissal. 13 7 6. An appointed attorney shall submit a report pertaining 13 8 to the costs and fees accrued to date for legal assistance to 13 9 the court at the times specified in subsections 4 and 5. If 13 10 the appointed attorney is a public defender, the report shall 13 11 specify the hours of services plus other expenses. If the 13 12 appointed attorney is a private attorney, the report shall 13 13 specify the hours of service and the amount of fees claimed by 13 14 the attorney plus other expenses. An appointed attorney shall 13 15 submit a supplemental report for any fees and expenses accrued 13 16 after the times specified in subsections 4 and 5. 13 17 7. If the costs and fees incurred for legal assistance are 13 18 not paid at the times specified in subsections 4 and 5, the 13 19 court shall assess an installment payment fee of thirty-five 13 20 dollars against the person who has received legal assistance. 13 21 Notwithstanding anything in sections 910.1, 910.2, and 910.9 13 22 to the contrary, the thirty-five dollar installment payment 13 23 fee shall be paid prior to crediting any payments received 13 24 against any amounts due from the person, notwithstanding 13 25 anything to the contrary in section 910.2. Payment of the 13 26 thirty-five dollar installment payment fee shall be separately 13 27 accounted for by the clerk and forwarded together with any 13 28 other amounts collected for payment of restitution and other 13 29 fines, penalties, fees, court costs, and surcharges under 13 30 section 602.8107. 13 31 8. If all costs and fees incurred for legal assistance are 13 32 not paid at the times specified in subsections 4 and 5, the 13 33 court shall order payment of the fees and costs in reasonable 13 34 installments. Any hearings held for purposes of monitoring 13 35 compliance with any installment payment plan are not contempt 14 1 hearings, unless the court specifically designates the hearing 14 2 as either a contempt or a show cause hearing. 14 3 9. If a person is granted an appointed attorney or is 14 4 receiving legal assistance in accordance with this section and 14 5 the person is employed, the person shall execute an assignment 14 6 of wages. An order for assignment of income, in a reasonable 14 7 amount to be determined by the court, shall also be entered by 14 8 the court. The state public defender shall prescribe forms 14 9 that may be used for wage assignments and court orders entered 14 10 under this section. 14 11 10. If any costs and fees are not paid at the times 14 12 specified under subsections 4 and 5, a judgment shall be 14 13 entered against the person for any unpaid amounts. 14 14 Sec. 20. Section 815.10, Code 1997, is amended to read as 14 15 follows: 14 16 815.10 APPOINTMENT OF COUNSEL BY COURT. 14 17 1. The court, for cause and upon its own motion or upon 14 18 application by an indigent person or a public defender, shall 14 19 appoint the state public defender, the state public defender's 14 20 designee pursuant to section 13B.4, or an attorney pursuant to 14 21 section 13B.9 to represent an indigent person at any stage of 14 22 the criminal, postconviction, contempt, or juvenile 14 23 proceedings or on appeal of any criminal, postconviction, 14 24 contempt, or juvenile action in which the indigent person is 14 25 entitled to legal assistance at public expense. However, in 14 26 juvenile cases, the court may directly appoint an existing 14 27 nonprofit corporation established for and engaged in the 14 28 provision of legal services for juveniles. An appointment 14 29 shall not be made unless the person is determined to be 14 30 indigent under section 815.9. Only one attorney shall be 14 31 appointed in all cases, except that in class "A" felony cases 14 32 the court may appoint two attorneys. 14 33 2. An attorney other than a public defenderor a contract14 34attorneywho is appointed by the court under this section 14 35 shall apply to thedistrict courtstate public defender for 15 1 compensation and for reimbursement of costs incurred. The 15 2 amount of compensation due shall be determined in accordance 15 3 with any indigent defense contract or pursuant to section 15 4 815.7. 15 5 3.A contract attorney appointed by the court pursuant to15 6this section and section 13B.4 shall apply to the state public15 7defender for compensation and for reimbursement of costs15 8incurred in accordance with the contract. The amount of15 9compensation due shall be determined in accordance with the15 10contract.The state public defender shall adopt rules which 15 11 specify the specific information which shall be included with 15 12 all claims for compensation submitted by court-appointed 15 13 attorneys under this section. If the information required 15 14 under this section and the rules of the state public defender 15 15 are not submitted, the claim may be denied until the 15 16 information is provided. If the information required under 15 17 this section and the rules of the state public defender is 15 18 submitted with the claim, the state public defender shall 15 19 approve reasonable and proper compensation to the court- 15 20 appointed attorney in the manner provided in those rules. 15 21 Sec. 21. Section 815.11, Code 1997, is amended to read as 15 22 follows: 15 23 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 15 24 Costs incurred under section 232.141, subsection 3, 15 25paragraph "c",sections 814.9, 814.10, 814.11, 815.4, 815.5, 15 26 815.6, 815.7, 815.10, and 822.5, chapter 665, or the rules of 15 27 criminal procedure on behalf of an indigent shall be paid from 15 28 funds appropriated by the general assembly to the office of 15 29 state public defender of the department of inspections and 15 30 appeals for those purposes. 15 31 Sec. 22. Section 822.5, subsection 2, Code 1997, is 15 32 amended by striking the subsection. 15 33 Sec. 23. EMERGENCY RULES. The office of the state public 15 34 defender of the department of inspections and appeals may 15 35 adopt administrative rules under section 17A.4, subsection 2, 16 1 and section 17A.5, subsection 2, paragraph "b", to implement 16 2 the provisions of this Act. The rules shall become effective 16 3 immediately upon filing, unless a later effective date is 16 4 specified in the rules. Any rules adopted in accordance with 16 5 this section shall not take effect before the rules are 16 6 reviewed by the administrative rules review committee. Any 16 7 rules adopted in accordance with the provisions of this 16 8 section shall also be published as notice of intended action 16 9 as provided in section 17A.4. 16 10 Sec. 24. COUNTY LIABILITY – JUVENILE JUSTICE COSTS. A 16 11 county's liability for juvenile justice costs under section 16 12 232.141, subsections 2 and 3, as amended by this Act, for the 16 13 fiscal year beginning July 1, 1998, and for succeeding fiscal 16 14 years shall be as follows: 16 15 Adair ....................................... $ 156 16 16 Adams ....................................... $ 834 16 17 Allamakee ................................... $ 5,289 16 18 Appanoose ................................... $ 5,945 16 19 Audubon ..................................... $ 2,005 16 20 Benton ...................................... $ 4,943 16 21 Black Hawk .................................. $ 102,731 16 22 Boone ....................................... $ 4,525 16 23 Bremer ...................................... $ 748 16 24 Buchanan .................................... $ 3,176 16 25 Buena Vista ................................. $ 1,254 16 26 Butler ...................................... $ 3,357 16 27 Calhoun ..................................... $ 893 16 28 Carroll ..................................... $ 1,080 16 29 Cass ........................................ $ 821 16 30 Cedar ....................................... $ 4,156 16 31 Cerro Gordo ................................. $ 3,755 16 32 Cherokee .................................... $ 354 16 33 Chickasaw ................................... $ 4,027 16 34 Clarke ...................................... $ 1,240 16 35 Clay ........................................ $ 1,586 17 1 Clayton ..................................... $ 4,528 17 2 Clinton ..................................... $ 56,288 17 3 Crawford .................................... $ 835 17 4 Dallas ...................................... $ 506 17 5 Davis ....................................... $ 586 17 6 Decatur ..................................... $ 1,116 17 7 Delaware .................................... $ 3,662 17 8 Des Moines .................................. $ 13,979 17 9 Dickinson ................................... $ 2,080 17 10 Dubuque ..................................... $ 61,845 17 11 Emmet ....................................... $ 1,716 17 12 Fayette ..................................... $ 13,286 17 13 Floyd ....................................... $ 4,783 17 14 Franklin .................................... $ 980 17 15 Fremont ..................................... $ 2,062 17 16 Greene ...................................... $ 3,050 17 17 Grundy ...................................... $ 8,679 17 18 Guthrie ..................................... $ 468 17 19 Hamilton .................................... $ 11,077 17 20 Hancock ..................................... $ 811 17 21 Hardin ...................................... $ 8,111 17 22 Harrison .................................... $ 652 17 23 Henry ....................................... $ 4,907 17 24 Howard ...................................... $ 10,318 17 25 Humboldt .................................... $ 1,477 17 26 Ida ......................................... $ 367 17 27 Iowa ........................................ $ 1,362 17 28 Jackson ..................................... $ 4,655 17 29 Jasper ...................................... $ 11,706 17 30 Jefferson ................................... $ 3,627 17 31 Johnson ..................................... $ 51,401 17 32 Jones ....................................... $ 6,370 17 33 Keokuk ...................................... $ 382 17 34 Kossuth ..................................... $ 848 17 35 Lee ......................................... $ 8,121 18 1 Linn ........................................ $ 91,630 18 2 Louisa ...................................... $ 1,363 18 3 Lucas ....................................... $ 1,247 18 4 Lyon ........................................ $ 1,239 18 5 Madison ..................................... $ 1,345 18 6 Mahaska ..................................... $ 1,490 18 7 Marion ...................................... $ 1,140 18 8 Marshall .................................... $ 18,695 18 9 Mills ....................................... $ 1,492 18 10 Mitchell .................................... $ 1,704 18 11 Monona ...................................... $ 1,047 18 12 Monroe ...................................... $ 6,072 18 13 Montgomery .................................. $ 2,365 18 14 Muscatine ................................... $ 3,882 18 15 O'Brien ..................................... $ 2,627 18 16 Osceola ..................................... $ 1,163 18 17 Page ........................................ $ 1,848 18 18 Palo Alto ................................... $ 1,662 18 19 Plymouth .................................... $ 637 18 20 Pocahontas .................................. $ 722 18 21 Polk ........................................ $ 159,117 18 22 Pottawattamie ............................... $ 23,643 18 23 Poweshiek ................................... $ 6,968 18 24 Ringgold .................................... $ 570 18 25 Sac ......................................... $ 904 18 26 Scott ....................................... $ 31,844 18 27 Shelby ...................................... $ 2,077 18 28 Sioux ....................................... $ 1,046 18 29 Story ....................................... $ 26,966 18 30 Tama ........................................ $ 12,323 18 31 Taylor ...................................... $ 2,122 18 32 Union ....................................... $ 6,882 18 33 Van Buren ................................... $ 968 18 34 Wapello ..................................... $ 14,278 18 35 Warren ...................................... $ 2,062 19 1 Washington .................................. $ 6,030 19 2 Wayne ....................................... $ 273 19 3 Webster ..................................... $ 20,448 19 4 Winnebago ................................... $ 344 19 5 Winneshiek .................................. $ 5,485 19 6 Woodbury .................................... $ 146,903 19 7 Worth ....................................... $ 260 19 8 Wright ...................................... $ 4,816 19 9 Total of All Counties .................. $1,079,215 19 10 Sec. 25. Sections 815.9A and 815.10A, Code 1997, are 19 11 repealed. 19 12 SF 2281 19 13 lh/cc/26
Text: SF02280 Text: SF02282 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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