Text: HSB00234                          Text: HSB00236
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 235

Bill Text

PAG LIN
  1  1    Section 1.  Section 13B.9, subsection 1, paragraph b, Code
  1  2 1999, is amended to read as follows:
  1  3    b.  Represent an indigent party, without fee and upon an
  1  4 order of the court, in child in need of assistance, family in
  1  5 need of assistance, delinquency, and termination of parental
  1  6 rights proceedings pursuant to chapter 232 in a county served
  1  7 by a public defender.  The local public defender shall counsel
  1  8 and represent an indigent party in all proceedings pursuant to
  1  9 chapter 232 in a county served by a public defender and
  1 10 prosecute before or after judgment any appeals or other
  1 11 remedies which the local public defender considers to be in
  1 12 the interest of justice unless other counsel is appointed to
  1 13 the case.  The state public defender shall be reimbursed by
  1 14 the counties for services rendered by employees of the local
  1 15 public defenders' offices under this subsection, pursuant to
  1 16 section 232.141.
  1 17    Sec. 2.  Section 28E.19, Code 1999, is amended to read as
  1 18 follows:
  1 19    28E.19  JOINT COUNTY INDIGENT DEFENSE FUND.
  1 20    Two or more counties may execute an agreement under this
  1 21 chapter to create a joint county indigent defense fund to be
  1 22 used to compensate attorneys appointed to represent indigents
  1 23 under section 815.10 when funds budgeted for that purpose are
  1 24 exhausted.  In addition to other requirements of an agreement
  1 25 under this chapter, the agreement shall provide for the amount
  1 26 to be paid by each county based on its population to establish
  1 27 and maintain an appropriate balance in the joint fund, and for
  1 28 a method of repayment if a county withdraws more funds than it
  1 29 has contributed.
  1 30    Sec. 3.  Section 124.407, unnumbered paragraphs 2 and 7,
  1 31 Code 1999, are amended by striking the unnumbered paragraphs.
  1 32    Sec. 4.  Section 125.78, subsections 1 and 2, Code 1999,
  1 33 are amended to read as follows:
  1 34    1.  Determine whether the respondent has an attorney who is
  1 35 able and willing to represent the respondent in the commitment
  2  1 proceeding, and if not, whether the respondent is financially
  2  2 able to employ an attorney and capable of meaningfully
  2  3 assisting in selecting an attorney.  In accordance with those
  2  4 determinations, the court shall allow the respondent to select
  2  5 an attorney or shall assign an attorney to the respondent.  If
  2  6 the respondent is financially unable to pay an attorney, the
  2  7 attorney shall be compensated in substantially the same manner
  2  8 as provided by section 815.7, except that if the county has a
  2  9 public defender, the court may assign the public defender or
  2 10 an attorney on the public defender's staff as the respondent's
  2 11 attorney the county shall compensate the attorney at an hourly
  2 12 rate to be established by the county board of supervisors.
  2 13    2.  If the application includes a request for a court-
  2 14 appointed attorney for the applicant and the court is
  2 15 satisfied that a court-appointed attorney is necessary to
  2 16 assist the applicant in a meaningful presentation of the
  2 17 evidence, and that the applicant is financially unable to
  2 18 employ an attorney, the court shall appoint an attorney to
  2 19 represent the applicant.  The attorney shall be compensated in
  2 20 substantially the same manner as provided by section 815.7 and
  2 21 the county shall compensate the attorney at an hourly rate to
  2 22 be established by the county board of supervisors.
  2 23    Sec. 5.  Section 222.13A, subsection 4, Code 1999, is
  2 24 amended to read as follows:
  2 25    4.  As soon as practicable after the filing of a petition
  2 26 for approval of the voluntary admission, the court shall
  2 27 determine whether the minor has an attorney to represent the
  2 28 minor in the proceeding.  If the minor does not have an
  2 29 attorney, the court shall assign to the minor an attorney.  If
  2 30 the minor is unable to pay for an attorney, the attorney shall
  2 31 be compensated in substantially the same manner as provided in
  2 32 section 815.7 by the county at an hourly rate to be
  2 33 established by the county board of supervisors.
  2 34    Sec. 6.  Section 222.22, Code 1999, is amended to read as
  2 35 follows:
  3  1    222.22  TIME OF APPEARANCE.
  3  2    The time of appearance shall not be less than five days
  3  3 after completed service unless the court orders otherwise.
  3  4 Appearance on behalf of the person who is alleged to have
  3  5 mental retardation may be made by any citizen of the county or
  3  6 by any relative.  The district court shall assign counsel for
  3  7 the person who is alleged to have mental retardation.  Counsel
  3  8 shall prior to proceedings personally consult with the person
  3  9 who is alleged to have mental retardation unless the judge
  3 10 appointing counsel certifies that in the judge's opinion,
  3 11 consultation shall serve no useful purpose.  The certification
  3 12 shall be made a part of the record.  An attorney assigned by
  3 13 the court shall receive compensation as the district court
  3 14 shall fix to be paid in the first instance by the county be
  3 15 compensated by the county at an hourly rate to be established
  3 16 by the county board of supervisors.
  3 17    Sec. 7.  Section 229.2, subsection 1, paragraph c, Code
  3 18 1999, is amended to read as follows:
  3 19    c.  As soon as is practicable after the filing of a
  3 20 petition for juvenile court approval of the admission of the
  3 21 minor, the juvenile court shall determine whether the minor
  3 22 has an attorney to represent the minor in the hospitalization
  3 23 proceeding, and if not, the court shall assign to the minor an
  3 24 attorney.  If the minor is financially unable to pay for an
  3 25 attorney, the attorney shall be compensated in substantially
  3 26 the manner provided by section 815.7 by the county at an
  3 27 hourly rate to be established by the county board of
  3 28 supervisors.
  3 29    Sec. 8.  Section 229.8, subsection 1, Code 1999, is amended
  3 30 to read as follows:
  3 31    1.  Determine whether the respondent has an attorney who is
  3 32 able and willing to represent the respondent in the
  3 33 hospitalization proceeding, and if not, whether the respondent
  3 34 is financially able to employ an attorney and capable of
  3 35 meaningfully assisting in selecting one.  In accordance with
  4  1 those determinations, the court shall if necessary allow the
  4  2 respondent to select, or shall assign to the respondent, an
  4  3 attorney.  If the respondent is financially unable to pay an
  4  4 attorney, the attorney shall be compensated in substantially
  4  5 the manner provided by section 815.7, except that if the
  4  6 county has a public defender the court may designate the
  4  7 public defender or an attorney on the public defender's staff
  4  8 to act as the respondent's attorney by the county at an hourly
  4  9 rate to be established by the county board of supervisors.
  4 10    Sec. 9.  Section 229.19, unnumbered paragraph 3, Code 1999,
  4 11 is amended to read as follows:
  4 12    The court or, if the advocate is appointed by the county
  4 13 board of supervisors, the board shall prescribe reasonable
  4 14 compensation for the services of the advocate.  The
  4 15 compensation shall be based upon the reports filed by the
  4 16 advocate with the court.  The advocate's compensation shall be
  4 17 paid by the county in which the court is located, either on
  4 18 order of the court or, if the advocate is appointed by the
  4 19 county board of supervisors, on the direction of the board.
  4 20 If the advocate is appointed by the court, the advocate is an
  4 21 employee of the state for purposes of chapter 669.  If the
  4 22 advocate is appointed by the county board of supervisors, the
  4 23 advocate is an employee of the county for purposes of chapter
  4 24 670.  If the patient or the person who is legally liable for
  4 25 the patient's support is not indigent, the board shall recover
  4 26 the costs of compensating the advocate from that person.  If
  4 27 that person has an income level as determined pursuant to
  4 28 section 815.9 greater than one hundred percent but not more
  4 29 than one hundred fifty percent of the poverty guidelines, at
  4 30 least one hundred dollars of the advocate's compensation shall
  4 31 be recovered in accordance with rules adopted by the state
  4 32 public defender in the manner prescribed by the county board
  4 33 of supervisors.  If that person has an income level as
  4 34 determined pursuant to section 815.9 greater than one hundred
  4 35 fifty percent of the poverty guidelines, at least two hundred
  5  1 dollars of the advocate's compensation shall be recovered in
  5  2 accordance with rules adopted by the state public defender in
  5  3 the manner prescribed by the county board of supervisors.
  5  4    Sec. 10.  Section 232.141, subsection 2, Code 1999, is
  5  5 amended to read as follows:
  5  6    2.  Upon certification of the court, all All of the
  5  7 following expenses are a charge upon the county in which the
  5  8 proceedings are held, to the extent provided in subsection 3:
  5  9    a.  The fees and mileage of witnesses and the expenses of
  5 10 officers serving notices and subpoenas which are incurred in
  5 11 connection with the appointment of an attorney by the court to
  5 12 serve as counsel to any party or to serve as a guardian ad
  5 13 litem for any child.
  5 14    b.  Reasonable compensation for an attorney appointed by
  5 15 the court to serve as counsel to any party or as guardian ad
  5 16 litem for any child.  However, the amount of compensation paid
  5 17 shall be paid in accordance with section 815.7.
  5 18    Sec. 11.  Section 232.141, subsection 3, paragraph c, Code
  5 19 1999, is amended to read as follows:
  5 20    c.  Costs incurred under subsection 2 which are not paid by
  5 21 the county under paragraphs "a" and "b" shall be reimbursed by
  5 22 the state.  Reimbursement for the costs of compensation of an
  5 23 attorney appointed by the court to serve as counsel or
  5 24 guardian ad litem shall be made as provided in section 815.7.
  5 25 A county shall apply for reimbursement to the department of
  5 26 inspections and appeals which However, before any costs are
  5 27 paid, a claim must be submitted to and approved by the state
  5 28 public defender who shall prescribe rules and forms to
  5 29 implement this subsection.
  5 30    Sec. 12.  Section 237.20, subsection 4, paragraph e, Code
  5 31 1999, is amended to read as follows:
  5 32    e.  The guardian ad litem of the foster child.  The An
  5 33 attorney appointed as guardian ad litem shall be eligible for
  5 34 compensation through under section 232.141, subsection 1,
  5 35 paragraph "b" 2.
  6  1    Sec. 13.  Section 815.7, Code 1999, is amended to read as
  6  2 follows:
  6  3    815.7  FEES TO ATTORNEYS.
  6  4    An attorney who has not entered into a contract authorized
  6  5 under section 13B.4 and who is appointed by the court to
  6  6 represent any person charged with a crime in this state or to
  6  7 serve as counsel or guardian ad litem to a person in juvenile
  6  8 court in this state shall be entitled to a reasonable
  6  9 compensation which shall be the ordinary and customary charges
  6 10 for like services in the community to be decided in each case
  6 11 by a judge of the district court or of the juvenile court, as
  6 12 applicable, including such sum or sums as the court may
  6 13 determine are necessary for investigation in the interests of
  6 14 justice and in the event of appeal the cost of obtaining the
  6 15 transcript of the trial and the printing of the trial record
  6 16 and necessary briefs in behalf of the defendant.  However, the
  6 17 The reasonable compensation awarded an attorney shall not be
  6 18 calculated based upon an hourly rate that exceeds the rate a
  6 19 contract attorney as provided in section 13B.4 would receive
  6 20 in a similar case.  Such attorney need not follow the case
  6 21 into another county or into the appellate court unless so
  6 22 directed by the court at the request of the defendant, where
  6 23 grounds for further litigation are not capricious or
  6 24 unreasonable, but if such attorney does so, the attorney's fee
  6 25 shall be determined accordingly.  Only one attorney fee shall
  6 26 be so awarded in any one case except that in class "A" felony
  6 27 cases, two may be authorized.  
  6 28                           EXPLANATION 
  6 29    This bill provides for a county to negotiate the rate of
  6 30 compensation with noncontract attorneys or attorneys who are
  6 31 not public defenders representing indigents in certain court-
  6 32 appointed cases.  Under current law, the rate of compensation
  6 33 attorneys charge a county for representing indigents in
  6 34 certain court-appointed cases is set in accordance with Code
  6 35 section 815.7.
  7  1    The bill also provides that the court is not required to
  7  2 certify indigent defense costs before the costs are submitted
  7  3 to the state.  The bill provides that the state public
  7  4 defender shall establish the rate which limits the
  7  5 compensation paid for indigent defense.  
  7  6 LSB 2190XL 78
  7  7 jm/cf/24.1
     

Text: HSB00234                          Text: HSB00236
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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