House Journal: Page 981: Wednesday, April 2, 1997

24   13B.4 would receive in a similar case fifty-five
25   dollars per hour, unless the offense charged is a
26   class "A" or class "B" felony, in which case the
27   hourly rate shall not exceed sixty dollars per hour.
28   Determination of the expense associated".
29     10.  By striking page 6, line 22, through page 7,
30   line 10, and inserting the following:
31     "2.  a.  A determination of the indigent status of
32   a person shall be made on the basis of an affidavit of
33   financial status submitted to the clerk of court at or
34   immediately after the person's initial appearance
35   before a court.  If a person is granted legal
36   assistance as an indigent or partial indigent, the
37   affidavit of financial statement status shall be filed
38   and permanently retained in the person's court file.
39   The state public defender shall adopt rules
40   prescribing the form and content of the affidavit of
41   financial statement status and the criteria by which a
42   determination of indigency shall be based.  The
43   affidavit of financial statement status shall contain
44   sufficient information to allow the determination to
45   be made of whether the person meets the guidelines set
46   out in subsection 1 and, taking into consideration all
47   assets.  The affidavit of financial status shall be
48   accompanied by the person's most recent pay slip and
49   the name and address of the person's employer, if the
50   person is employed.

Page 2  

 1     b.  Each person seeking legal assistance under this
 2   section shall pay a nonrefundable application fee of
 3   thirty dollars to the clerk of the district court at
 4   the time of the filing of the affidavit of financial
 5   status.  If the person is incarcerated, however, the
 6   application fee may be paid no later than five days
 7   after the date on which the application is filed.  If
 8   the person remains in custody or if, based upon the
 9   affidavit of financial status, the court determines
10   that the person does not have the financial resources
11   to pay the fee, the court may reduce the application
12   fee to ten dollars, waive the fee, or assess the fee
13   upon disposition of the case.
14     c.  Upon receipt of the affidavit of financial
15   status, the clerk shall review the information and
16   make an initial determination of whether the person
17   seeking legal assistance is indigent.  If the person
18   meets the indigency standards established under
19   subsection 1, the clerk shall prepare an order
20   appointing counsel for the court's review and
21   approval.  If the person does not meet the indigency
22   standards established in subsection 1, but may be
23   deemed partially indigent under the partial indigency

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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