Text: HSB00234 Text: HSB00236 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 by1 14the counties for services rendered by employees of the local1 15public defenders' offices under this subsection, pursuant to1 16section 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 23under section 815.10 when funds budgeted for that purpose are1 24exhausted. 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,the2 7attorney shall be compensated in substantially the same manner2 8as provided by section 815.7, except that if the county has a2 9public defender, the court may assign the public defender or2 10an attorney on the public defender's staff as the respondent's2 11attorneythe 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 in2 20substantially the same manner as provided by section 815.7and 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 compensatedin substantially the same manner as provided in2 32section 815.7by 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 shallreceive compensation as the district court3 14shall fix to be paid in the first instance by the countybe 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 compensatedin substantially3 26the manner provided by section 815.7by 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 compensatedin substantially4 5the manner provided by section 815.7, except that if the4 6county has a public defender the court may designate the4 7public defender or an attorney on the public defender's staff4 8to act as the respondent's attorneyby 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 recoveredin accordance with rules adopted by the state4 32public defenderin 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 recoveredin5 2accordance with rules adopted by the state public defenderin 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, allAll 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 an5 23attorney appointed by the court to serve as counsel or5 24guardian ad litem shall be made as provided in section 815.7.5 25A county shall apply for reimbursement to the department of5 26inspections and appeals whichHowever, 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.TheAn 5 33 attorney appointed as guardian ad litem shall be eligible for 5 34 compensationthroughunder section 232.141, subsection1,5 35paragraph "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 toareasonable 6 9 compensationwhich shall be the ordinary and customary charges6 10for like services in the community to be decided in each case6 11by a judge of the district court or of the juvenile court, as6 12applicable, including such sum or sums as the court may6 13determine are necessary for investigation in the interests of6 14justice and in the event of appeal the cost of obtaining the6 15transcript of the trial and the printing of the trial record6 16and necessary briefs in behalf of the defendant.However, the6 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
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 10 03:43:25 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00200/HSB00235/990309.html
jhf