Text: SSB02105 Text: SSB02107 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 22 in 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 26 involving 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 indigent or partially indigentpersons. 1 31 4. The state public defender is authorized toshall review 1 32 any claim made for payment of indigent defense costs and to1 33 may take the following action if the state public defender1 34 believes a claim is excessiveactions: 1 35 a. If the claim is from a noncontract attorney, the state2 1 public defender shall request a review by the court granting2 2 the claim as to the reasonableness of the claim within thirty2 3 days of receipt of the claim.If all of the charges are 2 4 appropriate and reasonable, approve the claim for payment. 2 5 b. If the claim is from a contract attorney, the state2 6 public defender shall request a review by the appointing court2 7 as to the reasonableness of the claim within thirty days of2 8 receipt of the claim.If any portion of the claim is 2 9 excessive, reduce the claim to an amount which is not 2 10 excessive and approve the reduced claim. 2 11 c. If any portion of the claim is not payable under the 2 12 attorney's appointment, delete those portions of the claim 2 13 that are not payable and approve the remainder of the claim. 2 14 Actions of the state public defender in modifying and 2 15 approving claims shall be deemed final agency action. 2 16 5. The state public defender may establish fee limitations 2 17 for the provision of legal services by private attorneys for 2 18 various classes of cases to which attorneys may be appointed. 2 19 6. The state public defender may establish procedures and 2 20 circumstances under which requests to exceed the limitations 2 21 may be submitted. A denial of a request to exceed the 2 22 limitations shall not serve as a basis for withdrawal of 2 23 representation by counsel in the case. The action of the 2 24 state public defender in denying or granting a request to 2 25 exceed the limitations shall be deemed final agency action. 2 26 57. The state public defender is authorized tomay 2 27 contract with county attorneys to provide collection services 2 28 related to court-ordered indigent defense restitution of 2 29 court-appointed attorney fees or the expense of a public 2 30 defender. 2 31 68. The state public defender shall report in writing to 2 32 the general assembly by January 20 of each year regarding any 2 33 funds recouped or collected for court-appointed attorney fees 2 34 or expenses of a public defender pursuant to section 331.756, 2 35 subsection 5, or section 602.8107 during the previous calendar 3 1 year. 3 2 79. The state public defender shall adopt rules, as 3 3 necessary, pursuant to chapter 17A to administer this chapter 3 4 and section 815.9. 3 5 Sec. 2. Section 13B.9, subsection 1, paragraph c, Code 3 6 1997, is amended by striking the paragraph. 3 7 Sec. 3. Section 13B.10, subsections 2 through 4, Code 3 8 1997, are amended by striking the subsections. 3 9 Sec. 4. Section 229.19, unnumbered paragraph 3, Code 1997, 3 10 is amended to read as follows: 3 11 The court or, if the advocate is appointed by the county 3 12 board of supervisors, the board shall prescribe reasonable 3 13 compensation for the services of the advocate. The 3 14 compensation shall be based upon the reports filed by the 3 15 advocate with the court. The advocate's compensation shall be 3 16 paid by the county in which the court is located, either on 3 17 order of the court or, if the advocate is appointed by the 3 18 county board of supervisors, on the direction of the board. 3 19 If the advocate is appointed by the court, the advocate is an 3 20 employee of the state for purposes of chapter 669. If the 3 21 advocate is appointed by the county board of supervisors, the 3 22 advocate is an employee of the county for purposes of chapter 3 23 670. If the patient or the person who is legally liable for 3 24 the patient's support is not indigent, the board shall recover 3 25 the costs of compensating the advocate from that person. If3 26 that person has an income level as determined pursuant to3 27 section 815.9 greater than one hundred percent but not more3 28 than one hundred fifty percent of the poverty guidelines, at3 29 least one hundred dollars of the advocate's compensation shall3 30 be recovered in accordance with rules adopted by the state3 31 public defender. If that person has an income level as3 32 determined pursuant to section 815.9 greater than one hundred3 33 fifty percent of the poverty guidelines, at least two hundred3 34 dollars of the advocate's compensation shall be recovered in3 35 accordance with rules adopted by the state public defender.4 1 Sec. 5. Section 602.8106, subsection 1, Code 1997, is 4 2 amended by adding the following new paragraph: 4 3 NEW PARAGRAPH. g. The thirty-five dollar installment 4 4 payment fee assessed in the manner provided in section 815.9. 4 5 Sec. 6. Section 602.8107, subsection 2, unnumbered 4 6 paragraph 1, Code Supplement 1997, is amended to read as 4 7 follows: 4 8 If the clerk receives payment from a person who is an 4 9 inmate of a state institution or who is under the supervision 4 10 of a judicial district department of correctional services, 4 11 the payment shall be applied to the balance owed under the 4 12 identified case number of the case which has resulted in the 4 13 placement of the person in a state institution or under the 4 14 supervision of the judicial district department of 4 15 correctional services. If a case number is not identified, 4 16 the clerk shall apply the payment to the balance owed in the 4 17 criminal case with the oldest judgment against the person. 4 18 PaymentsAfter payment of a thirty-five dollar installment 4 19 payment fee under section 815.9, payments received under this 4 20 section shall be applied in the following priority order: 4 21 Sec. 7. Section 602.8108, subsection 2, Code 1997, is 4 22 amended to read as follows: 4 23 2. Except as otherwise provided, the clerk of the district 4 24 court shall report and submit to the state court 4 25 administrator, not later than the fifteenth day of each month, 4 26 the fines and fees received during the preceding calendar 4 27 month. Except as provided in subsections 4 and 5, the state 4 28 court administrator shall deposit the amounts received with 4 29 the treasurer of state for deposit in the general fund of the 4 30 state. The state court administrator shall report to the 4 31 legislative fiscal bureau within thirty days of the beginning 4 32 of each fiscal quarter the amount received during the previous 4 33 quarter in the account established under this section. The 4 34 report shall contain a separate accounting for any amounts 4 35 received for payment of the thirty-five dollar installment 5 1 payment fees assessed under section 815.9. 5 2 Sec. 8. Section 814.11, Code 1997, is amended to read as 5 3 follows: 5 4 814.11 INDIGENT'S RIGHT TO COUNSEL. 5 5 An indigent defendant is entitled to appointed counsel on 5 6 the appeal of all indictable offenses. SuchThe appointment 5 7 is subject to rules of the supreme courtshall be made to the 5 8 state appellate defender unless the state appellate defender 5 9 is unable to handle the case due to a conflict of interest or 5 10 because of a temporary overload of cases. If the state 5 11 appellate defender is unable to handle the case, the court 5 12 shall appoint an attorney who has a contract with the state 5 13 public defender to handle such an appeal. If the court 5 14 determines that no contract attorney is available to handle 5 15 the appeal, the court may appoint a noncontract attorney who 5 16 has agreed to handle the case, but the order of appointment 5 17 shall include a specific finding that no contract attorney was 5 18 available. The appointment of noncontract attorneys shall be 5 19 on a rotational or equalization basis, considering the 5 20 experience of the attorney and the difficulty of the case. 5 21 Sec. 9. Section 815.4, Code 1997, is amended to read as 5 22 follows: 5 23 815.4 SPECIAL WITNESSES FOR INDIGENTS. 5 24 Witnesses secured for indigent or partially indigent5 25 defendants under R.Cr.P. 19 must file a claim for compensation 5 26 supported by an affidavit specifying the time expended, 5 27 services rendered, and expenses incurred on behalf of the 5 28 defendant. 5 29 Sec. 10. Section 815.5, Code 1997, is amended to read as 5 30 follows: 5 31 815.5 EXPERT WITNESSES FOR STATE AND DEFENSE. 5 32 Notwithstanding the provisions of section 622.72, 5 33 reasonable compensation as determined by the court shall be 5 34 awarded expert witnesses, expert witnesses for an indigent or5 35 partially indigentperson referred to in section 815.4, or 6 1 called by the state in criminal cases. 6 2 Sec. 11. Section 815.7, Code Supplement 1997, is amended 6 3 to read as follows: 6 4 815.7 FEES TO ATTORNEYS. 6 5 An attorney who has not entered into a contract authorized 6 6 under section 13B.4 and who is appointed by the court to 6 7 represent any person charged with a crime in this state, 6 8 seeking postconviction relief, against whom a contempt action 6 9 is pending, appealing a criminal conviction, appealing a 6 10 denial of postconviction relief, or to serve as counsel for 6 11 any person or guardian ad litem to a personfor any child in 6 12 juvenile court in this stateshall be entitled to a reasonable6 13 compensation which shall be the ordinary and customary charges6 14 for like services in the community to be decided in each case6 15 by a judge of the district court or of the juvenile court, as6 16 applicable, including such sum or sums as the court may6 17 determine are necessary for investigation in the interests of6 18 justice and in the event of appeal the cost of obtaining the6 19 transcript of the trial and the printing of the trial record6 20 and necessary briefs in behalf of the defendant. However, the6 21 reasonable compensation awarded an attorney shall not be6 22 calculated based upon anat the same hourly rate that exceeds6 23 the rateand for the same activities and expenses that a 6 24 contract attorney as provided in section 13B.4 would receive 6 25 in a similar case. SuchThe noncontract attorney need not 6 26 follow the case into another county or into the appellate6 27 court unless so directed by the court at the request of the6 28 defendant, where grounds for further litigation are not6 29 capricious or unreasonable, but if such attorney does so, the6 30 attorney's fee shall be determined accordingly. Only one 6 31 attorney fee shall be so awarded in any one case except that 6 32 in class "A" felony cases, two may be authorized. 6 33 Sec. 12. Section 815.9, Code 1997, is amended to read as 6 34 follows: 6 35 815.9 INDIGENCY DETERMINED PENALTY. 7 1 1. For purposes of this chapter, section 68.8, section7 2 222.22chapter 13B, chapter 232, chapter 665, chapter 814, 7 3 chapter 822, and the rules of criminal procedure, the7 4 following applya person is indigent if the person is entitled 7 5 to an attorney appointed by the court as follows: 7 6 a. A person is indigententitled to an attorney appointed 7 7 by the court to represent the person if the person has an 7 8 income level at or below one hundred fiftytwenty-five percent 7 9 of the United States poverty level as defined by the most 7 10 recently revised poverty income guidelines published by the 7 11 United States department of health and human services, unless 7 12 the court determines that the person is able to pay for the 7 13 cost of an attorney to represent the person on the pending 7 14 charges. In making the determination of a person's ability to 7 15 pay for the cost of an attorney, the court shall consider not 7 16 only the person's income, but also the availability of any 7 17 assets not subject to execution, including but not limited to 7 18 cash, stocks, bonds, and any other property which may be 7 19 applied to the satisfaction of judgments. 7 20 b. A person is not indigent if the person has an income7 21 level greater than one hundred fifty percent of the United7 22 States poverty level as defined by the most recently revised7 23 poverty income guidelines published by the United States7 24 department of health and human services.7 25 cb. A person with an income level greater than one 7 26 hundred fiftytwenty-five percent, but less thanat or below 7 27 two hundred percent, of the most recently revised poverty 7 28 income guidelines published by the United States department of 7 29 health and human services may be deemed partially indigent by7 30 shall not be entitled to an attorney appointed by the court, 7 31 unless the court pursuant tomakes a written finding that ,7 32 given the person's circumstances,not appointing counsel on 7 33 the pending charges would cause the person substantial 7 34 hardship. However, the court shall require a person appointed7 35 counsel to contribute to the cost of representation in8 1 accordance with rules adopted by the state public defender.8 2 In determining whether substantial hardship would result, the 8 3 court shall consider not only the person's income, but also 8 4 the availability of any assets not subject to execution, 8 5 including but not limited to cash, stocks, bonds, and any 8 6 other property which may be applied to the satisfaction of 8 7 judgments. 8 8 dc. A person with an income level greater than two 8 9 hundred percent of the most recently revised poverty income 8 10 guidelines published by the United States department of health 8 11 and human services shall not be deemed indigent or partially8 12 indigententitled to any attorney appointed by the court, 8 13 unless the person is charged with a felony and the court makes 8 14 a written finding that , given the person's circumstances,not 8 15 appointing counsel would cause the person substantial 8 16 hardship. However, the court shall require a person appointed8 17 counsel to contribute to the cost of representation in8 18 accordance with rules adopted by the state public defender.8 19 In determining whether substantial hardship would result, the 8 20 court shall consider not only the person's income, but also 8 21 the availability of any assets not subject to execution, 8 22 including but not limited to cash, stocks, bonds, and any 8 23 other property which may be applied to the satisfaction of 8 24 judgments. 8 25 2. A determination of the indigent status ofwhether a 8 26 person is entitled to an appointed attorney shall be made on 8 27 the basis of an affidavit of financial status submitted at the 8 28 time of the person's initial appearance before a courtor at 8 29 such later time as a request for court appointment is made. 8 30 If a person is granted legal assistance as an indigent or8 31 partial indigent, the financial statement shall be filed and8 32 permanently retained in the person's court file.The state 8 33 public defender shall adopt rules prescribing the form and 8 34 content of the affidavit of financial statement and the8 35 criteria by which a determination of indigency shall be based9 1 status. The affidavit of financial statementstatus shall be 9 2 signed under penalty of perjury and shall contain sufficient 9 3 information to allow the determination to be made of whether 9 4 the person meets the guidelines set out in subsection 1 and9 5 shall be accompanied by the person's most recent pay slip, if9 6 employedis entitled to an appointed attorney under this 9 7 section. If the person is granted an appointed attorney, the 9 8 affidavit of financial status shall be filed and permanently 9 9 retained in the person's court file. 9 10 3. A person who knowingly submits a false financial9 11 statement for the purpose of obtaining legal assistance by9 12 appointed counsel commits a fraudulent practice.If a person 9 13 is granted an appointed attorney, the person shall be required 9 14 to reimburse the state for the total cost of legal assistance 9 15 provided to the person. As used in this subsection, "legal9 16 assistance" includes legal counsel"Legal assistance" as used 9 17 in this section shall include not only an appointed attorney, 9 18 but also transcripts, witness fees and, expenses, and any 9 19 other goods or services required by law to be provided to an 9 20 indigent person. 9 21 4. If the case is a criminal case, all costs and fees 9 22 incurred for legal assistance shall become due and payable to 9 23 the clerk of the district court by the person receiving the 9 24 legal assistance not later than the date of sentencing, or if 9 25 the person is acquitted or the charges are dismissed, within 9 26 thirty days of the acquittal or dismissal. 9 27 5. If the case is other than a criminal case, all costs 9 28 and fees incurred for legal assistance shall become due and 9 29 payable to the clerk of the district court by the person 9 30 receiving the legal assistance not later than the date of any 9 31 hearing or trial held in the case, or if the case is 9 32 dismissed, within thirty days of the dismissal. 9 33 6. An appointed attorney shall submit a report pertaining 9 34 to the costs and fees for legal assistance to the court at the 9 35 times specified in subsections 4 and 5. If the appointed 10 1 attorney is a public defender, the report shall specify the 10 2 total hours of service plus other expenses. If the appointed 10 3 attorney is a private attorney, the total amount of legal 10 4 assistance shall be the total amount of the fees claimed by 10 5 the appointed attorney together with other expenses. 10 6 7. If the costs and fees incurred for legal assistance are 10 7 not paid at the times specified in subsections 4 and 5, the 10 8 court shall assess an installment payment fee of thirty-five 10 9 dollars against the person who has received legal assistance. 10 10 Notwithstanding anything in sections 910.1, 910.2, and 910.9 10 11 to the contrary, the thirty-five dollar installment payment 10 12 fee shall be paid prior to crediting any payments received 10 13 against any amounts due from the person, notwithstanding 10 14 anything to the contrary in section 910.2. Payment of the 10 15 thirty-five dollar installment payment fee shall be separately 10 16 accounted for by the clerk and forwarded together with any 10 17 other amounts collected for payment of restitution and other 10 18 fines, penalties, fees, court costs, and surcharges under 10 19 section 602.8107. 10 20 8. If all costs and fees incurred for legal assistance are 10 21 not paid at the times specified in subsections 4 and 5, the 10 22 court shall order payment of the fees and costs in reasonable 10 23 installments. Any hearings held for purposes of monitoring 10 24 compliance with any installment payment plan are not contempt 10 25 hearings, unless the court specifically designates the hearing 10 26 as either a contempt or a show cause hearing. A person who is 10 27 responsible for making payments under a court ordered 10 28 installment payment plan shall receive notice prior to any 10 29 hearing that is designated by the court as a show cause or 10 30 contempt hearing that the court has determined that the person 10 31 has failed to abide by the terms of the payment plan and 10 32 should be required to show cause why the person should not be 10 33 held in contempt. 10 34 9. If a person is granted an appointed attorney or is 10 35 receiving legal assistance in accordance with this section and 11 1 the person is employed, the person shall execute an assignment 11 2 of wages. An order for assignment of income, in a reasonable 11 3 amount to be determined by the court, shall also be entered by 11 4 the court. The state public defender shall prescribe forms 11 5 for use in wage assignments and court orders entered under 11 6 this section. 11 7 10. If any costs and fees are not paid at the times 11 8 specified under subsections 4 and 5, a judgment shall be 11 9 entered against the person for any unpaid amounts. 11 10 Sec. 13. Section 815.10, Code 1997, is amended to read as 11 11 follows: 11 12 815.10 APPOINTMENT OF COUNSEL BY COURT. 11 13 1. The court, for cause and upon its own motion or upon 11 14 application by an indigent person or a public defender, shall 11 15 appoint the state public defender, the state public defender's 11 16 designee pursuant to section 13B.4, or an attorney pursuant to 11 17 section 13B.9 to represent an indigent person at any stage of 11 18 the criminal, postconviction, contempt, or juvenile 11 19 proceedings or on appeal of any criminal, postconviction, 11 20 contempt, or juvenile action in which the indigent person is 11 21 entitled to legal assistance at public expense. However, in 11 22 juvenile cases, the court may directly appoint an existing 11 23 nonprofit corporation established for and engaged in the 11 24 provision of legal services for juveniles. An appointment 11 25 shall not be made unless the person is determined to be 11 26 indigent under section 815.9. Only one attorney shall be 11 27 appointed in all cases, except that in class "A" felony cases 11 28 the court may appoint two attorneys. 11 29 2. An attorney other than a public defender or a contract11 30 attorneywho is appointed by the court under this section 11 31 shall apply to the district courtstate public defender for 11 32 compensation and for reimbursement of costs incurred. The 11 33 amount of compensation due shall be determined in accordance 11 34 with any indigent defense contract or pursuant to section 11 35 815.7. 12 1 3. A contract attorney appointed by the court pursuant to12 2 this section and section 13B.4 shall apply to the state public12 3 defender for compensation and for reimbursement of costs12 4 incurred in accordance with the contract. The amount of12 5 compensation due shall be determined in accordance with the12 6 contract.The state public defender shall adopt rules which 12 7 specify the specific information which shall be included with 12 8 all claims for compensation submitted by court-appointed 12 9 attorneys under this section. If the information required 12 10 under this section and the rules of the state public defender 12 11 are not submitted, the claim may be denied until the 12 12 information is provided. If the information required under 12 13 this section and the rules of the state public defender is 12 14 submitted with the claim, the state public defender may 12 15 approve reasonable and proper compensation to the court- 12 16 appointed attorney in the matter provided in those rules. 12 17 Sec. 14. Section 815.11, Code 1997, is amended to read as 12 18 follows: 12 19 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 12 20 Costs incurred under section 232.141, subsection 3, 12 21 paragraph "c", sections 814.9, 814.10, 814.11, 815.4, 815.5, 12 22 815.6, 815.7, 815.10, and 822.5, chapter 665, or the rules of 12 23 criminal procedure on behalf of an indigent shall be paid from 12 24 funds appropriated by the general assembly to the department 12 25 of inspections and appeals for those purposes. 12 26 Sec. 15. Section 822.5, subsection 2, Code 1997, is 12 27 amended by striking the subsection. 12 28 Sec. 16. EMERGENCY RULES. The office of the state public 12 29 defender of the department of inspections and appeals may 12 30 adopt administrative rules under section 17A.4, subsection 2, 12 31 and section 17A.5, subsection 2, paragraph "b", to implement 12 32 the provisions of this Act. The rules shall become effective 12 33 immediately upon filing, unless a later effective date is 12 34 specified in the rules. Any rules adopted in accordance with 12 35 this section shall not take effect before the rules are 13 1 reviewed by the administrative rules review committee. Any 13 2 rules adopted in accordance with the provisions of this 13 3 section shall also be published as notice of intended action 13 4 as provided in section 17A.4. 13 5 Sec. 17. Sections 815.9A and 815.10A, Code 1997, are 13 6 repealed. 13 7 EXPLANATION 13 8 This bill makes changes pertaining to the payment of costs 13 9 for the defense of indigent persons in criminal, juvenile, 13 10 postconviction, contempt actions, and certain other civil 13 11 actions. The duties and authority of the state public 13 12 defender are amended to add postconviction relief and contempt 13 13 actions to the kinds of cases which are to be handled by that 13 14 office. The state public defender is given the direct 13 15 authority to approve, reduce, and modify claims made for 13 16 payment of indigent defense costs. Procedures are added in 13 17 the bill which permit the state public defender to set and 13 18 exceed limitations on indigent defense costs which are 13 19 submitted for payment by court-appointed attorneys. 13 20 References are eliminated which make the appointment of 13 21 counsel on appeals subject to supreme court rules. Instead, 13 22 the bill substitutes a procedure which provides for the 13 23 appointment of the state appellate defender, unless the 13 24 appellate defender has a conflict of interest or a temporary 13 25 overload of cases. In the latter two situations, the bill 13 26 provides for the appointment of an attorney who has entered 13 27 into a contract with the state public defender to handle 13 28 appeals. If no contract attorney is available, the court may 13 29 appoint a noncontract attorney on a rotational or equalization 13 30 basis, considering the experience of the attorney and the 13 31 difficulty of the case. The appointment must, however, 13 32 include specific findings that no contract attorney was 13 33 available. Noncontract attorneys will be paid directly 13 34 through the state public defender's office and are to submit 13 35 such reports and information relating to their fees and 14 1 expenses as are required by the state public defender. A 14 2 reference to the indigency determination threshold is 14 3 eliminated in the mental illness civil commitment Code chapter 14 4 to conform the language to the changes made in the indigency 14 5 determination thresholds in Code chapter 815. 14 6 The bill also changes the procedures for determination of 14 7 an individual's indigence and consequent eligibility for 14 8 court-appointed counsel at state expense. The requirement 14 9 that the state public defender's office make an initial 14 10 determination of indigence prior to the initial arraignment or 14 11 other initial court appearance is eliminated and all 14 12 references to determinations of indigency are transferred to 14 13 Code chapter 815. A person is indigent and entitled to court- 14 14 appointed counsel if the person has an income level at or 14 15 below 125 percent of poverty level. This is below the current 14 16 150 percent of poverty level ceiling. In determining 14 17 eligibility, the court is to consider not only the person's 14 18 income, but assets not subject to execution and any other 14 19 property which may be applied to the satisfaction of 14 20 judgments. Those persons whose income falls above the new 14 21 threshold are not entitled to court-appointed counsel unless 14 22 the court makes a written determination that not appointing 14 23 counsel on the pending charges would cause the person 14 24 substantial hardship. Like the original determination of 14 25 eligibility, the determination of substantial hardship is to 14 26 be based not only on the person's income, but also on assets 14 27 not subject to execution and any other property which may be 14 28 applied to the satisfaction of judgments. A person who 14 29 receives court-appointed counsel and is employed is required 14 30 to execute an assignment of wages and the court is to enter an 14 31 order for assignment of income on forms prescribed by the 14 32 state public defender. If a person is not able to pay the 14 33 costs of court-appointed counsel when the costs are due, the 14 34 court may provide for payment on an installment basis. A $35 14 35 installment payment fee will be assessed, however, against the 15 1 person and will be paid before any other charges owed are 15 2 paid. 15 3 LSB 3409XL 77 15 4 lh/jw/5.2
Text: SSB02105 Text: SSB02107 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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