Text: HSB00714 Text: HSB00716 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 13B.8, subsection 2, Code Supplement 1 2 1999, is amended to read as follows: 1 3 2. The state public defender may appointa local public1 4defenderand may remove the local public defender, assistant 1 5 local public defenders, clerks, investigators, secretaries, or 1 6 other employees for cause. Each local public defender, and 1 7 any assistant local public defender, must be an attorney 1 8 admitted to the practice of law before the Iowa supreme court. 1 9 Sec. 2. Section 232.141, subsection 2, Code Supplement 1 10 1999, is amended to read as follows: 1 11 2. All of the following expenses are a charge upon the 1 12 county in which the proceedings are held, to the extent 1 13 provided in subsection 3: 1 14 a. The fees and mileage of witnesses and the expenses of 1 15 officers serving notices and subpoenas which are incurredin1 16connection with the appointment ofby an attorney appointed by 1 17 the court to serve as counsel to any party or to serve as a 1 18 guardian ad litem for any child. 1 19 b. Reasonable compensation for an attorney appointed by 1 20 the court to serve as counsel to any party or as guardian ad 1 21 litem for any child.However, the amount of compensation paid1 22shall be paid in accordance with section 815.7.1 23 Sec. 3. Section 232.141, subsection 3, paragraph c, Code 1 24 Supplement 1999, is amended to read as follows: 1 25 c. Costs incurredunder subsection 2 which are not paid by1 26the county under paragraphs "a" and "b" shall be paid by the1 27state. However, before any costs are paid, a claim must be1 28submitted to and approved by the state public defender who1 29shall prescribe rules and forms to implement this subsection1 30 for compensation of an attorney appointed by the court to 1 31 serve as counsel to any party or guardian ad litem for any 1 32 child shall be made in accordance with sections 13B.4 and 1 33 815.7. 1 34 Sec. 4. Section 232.141, subsection 3, Code Supplement 1 35 1999, is amended by adding the following new paragraph: 2 1 NEW PARAGRAPH. d. Costs incurred under subsection 2 shall 2 2 be paid by the state. The county shall be required to 2 3 reimburse the indigent defense fund for costs incurred by the 2 4 state up to the county's base in subsection 2. 2 5 Sec. 5. Section 815.7, Code Supplement 1999, is amended to 2 6 read as follows: 2 7 815.7 FEES TO ATTORNEYS. 2 8 An attorney who has not entered into a contract authorized 2 9 under section 13B.4 and who is appointed by the court to 2 10 represent any person charged with a crime in this state, 2 11 seeking postconviction relief, against whom a contempt action 2 12 is pending, appealing a criminal conviction, appealing a 2 13 denial of postconviction relief, or subject to a proceeding 2 14 under chapter 229A, or to serve as counsel for any person or 2 15 guardian ad litem for any child in juvenile court, shall be 2 16 entitled to reasonable compensation and expenses. For 2 17 appointments made on or after July 1, 1999, the reasonable 2 18 compensation shall be calculated on the basis of sixty dollars 2 19 per hour for class "A" felonies, fifty-five dollars per hour 2 20 for class "B" felonies, and fifty dollars per hour for all 2 21 otheroffensescases. The expenses shall include any sums as 2 22 are necessary for investigations in the interest of justice, 2 23 and the cost of obtaining the transcript of the trial record 2 24 and briefs if an appeal is filed. The attorney need not 2 25 follow the case into another county or into the appellate 2 26 court unless so directed by the court. If the attorney 2 27 follows the case into another county or into the appellate 2 28 court, the attorney shall be entitled to compensation as 2 29 provided in this section. Only one attorney fee shall be so 2 30 awarded in any one case except that in class "A" felony cases, 2 31 two may be authorized. 2 32 Sec. 6. Section 815.9, subsection 1, Code Supplement 1999, 2 33 is amended to read as follows: 2 34 1. For purposes of this chapter, chapter 13B, chapter 2 35 229A, chapter 232, chapter 665, chapter 814, chapter 822, and 3 1 the rules of criminal procedure, a person is indigent if the 3 2 person is entitled to an attorney appointed by the court as 3 3 follows: 3 4 a. A person is entitled to an attorney appointed by the 3 5 court to represent the person if the person has an income 3 6 level at or below one hundred twenty-five percent of the 3 7 United States poverty level as defined by the most recently 3 8 revised poverty income guidelines published by the United 3 9 States department of health and human services, unless the 3 10 court determines that the person is able to pay for the cost 3 11 of an attorney to represent the person on the pendingcharges3 12 case. In making the determination of a person's ability to 3 13 pay for the cost of an attorney, the court shall consider not 3 14 only the person's income, but also the availability of any 3 15 assets subject to execution, including but not limited to 3 16 cash, stocks, bonds, and any other property which may be 3 17 applied to the satisfaction of judgments and the seriousness 3 18 of the charge or nature of the case. 3 19 b. A person with an income level greater than one hundred 3 20 twenty-five percent, but at or below two hundred percent, of 3 21 the most recently revised poverty income guidelines published 3 22 by the United States department of health and human services 3 23 shall not be entitled to an attorney appointed by the court, 3 24 unless the court makes a written finding that not appointing 3 25 counsel on the pendingchargescase would cause the person 3 26 substantial hardship. In determining whether substantial 3 27 hardship would result, the court shall consider not only the 3 28 person's income, but also the availability of any assets 3 29 subject to execution, including but not limited to cash, 3 30 stocks, bonds, and any other property which may be applied to 3 31 the satisfaction of judgments and the seriousness of the 3 32 charge or nature of the case. 3 33 c. A person with an income level greater than two hundred 3 34 percent of the most recently revised poverty income guidelines 3 35 published by the United States department of health and human 4 1 services shall not be entitled to an attorney appointed by the 4 2 court, unless the person is charged with a felony and the 4 3 court makes a written finding that not appointing counsel 4 4 would cause the person substantial hardship. In determining 4 5 whether substantial hardship would result, the court shall 4 6 consider not only the person's income, but also the 4 7 availability of any assets subject to execution, including but 4 8 not limited to cash, stocks, bonds, and any other property 4 9 which may be applied to the satisfaction of judgments and the 4 10 seriousness of the charge or nature of the case. 4 11 Sec. 7. Section 815.10, subsection 1, Code Supplement 4 12 1999, is amended to read as follows: 4 13 1. The court, for cause and upon its own motion or upon 4 14 application by an indigent person or a public defender, shall 4 15 appointthe state public defender,the state public defender's 4 16 designee pursuant to section 13B.4, or an attorney pursuant to 4 17 section 13B.9 to represent an indigent person at any stage of 4 18 the criminal, postconviction, contempt, commitment under 4 19 chapter 229A, or juvenile proceedings or on appeal of any 4 20 criminal, postconviction, contempt, commitment under chapter 4 21 229A, or juvenile action in which the indigent person is 4 22 entitled to legal assistance at public expense. However, in 4 23 juvenile cases, the court may directly appoint an existing 4 24 nonprofit corporation established for and engaged in the 4 25 provision of legal services for juveniles. An appointment 4 26 shall not be made unless the person is determined to be 4 27 indigent under section 815.9. Only one attorney shall be 4 28 appointed in all cases, except that in class "A" felony cases 4 29 the court may appoint two attorneys. 4 30 Sec. 8. Section 815.11, Code Supplement 1999, is amended 4 31 to read as follows: 4 32 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 4 33 Costs incurred under chapter 229A, 665, or 822, or section 4 34 232.141, subsection 3, paragraph "c", or sections 814.9, 4 35 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 815.10, or the 5 1 rules of criminal procedure on behalf of an indigent shall be 5 2 paid from funds appropriated by the general assembly to the 5 3 office of the state public defender in the department of 5 4 inspections and appeals for those purposes. 5 5 Sec. 9. INDIGENT DEFENSE COSTS. 5 6 1. For an attorney entitled to compensation under section 5 7 815.7 for an appointment made before July 1, 1999, the 5 8 reasonable compensation shall be calculated on the basis of 5 9 fifty-five dollars per hour for class "A" felonies, fifty 5 10 dollars per hour for class "B" felonies, and forty-five 5 11 dollars per hour for all other cases. 5 12 2. For purposes of determining the reasonable basis for 5 13 compensation in juvenile cases under section 815.7, an 5 14 attorney is considered appointed on the date of the first 5 15 dispositional hearing or first review hearing held on or after 5 16 July 1, 1999, and shall be compensated at a rate of fifty 5 17 dollars per hour for and after such hearing. 5 18 EXPLANATION 5 19 This bill relates to the office of the state public 5 20 defender and indigent defense costs. 5 21 The amendment to Code section 13B.8 permits the state 5 22 public defender to appoint an assistant local public defender 5 23 and any other employee of a local public defender office. 5 24 Existing law only permits the removal of an assistant local 5 25 public defender or employee. 5 26 The amendments to Code section 232.141 concern the county's 5 27 base cost for juvenile indigent defense. The bill provides 5 28 that the state shall pay all juvenile indigent defense costs 5 29 and then shall seek reimbursement from the county of any costs 5 30 up to the county's base cost. Under current law, the county 5 31 paid all juvenile indigent defense costs, and then sought 5 32 reimbursement from the state up to the base cost. 5 33 The amendment to Code section 815.7 broadens a reference 5 34 regarding attorney compensation to include cases that are not 5 35 criminal offenses. 6 1 The amendment to Code section 815.9 requires a judge, in 6 2 determining whether to appoint an attorney to a case, to 6 3 examine the nature of a case before appointing an attorney. 6 4 Under existing law, the court, besides reviewing the financial 6 5 background of a person, reviewed only the seriousness of the 6 6 charge committed by the person. 6 7 The amendment to Code section 815.10 removes the state 6 8 public defender from the possibility of being appointed by the 6 9 court to represent an indigent person. The court may appoint 6 10 the state public defender's designee or certain other 6 11 attorneys to represent an indigent person. 6 12 The amendment to Code section 815.11 changes the placement 6 13 of appropriated funds for indigent defense costs from the 6 14 department of inspections and appeals to the office of the 6 15 state public defender which is located in the department of 6 16 inspections and appeals. 6 17 The bill sets the compensation rates for an attorney 6 18 appointed to represent an indigent prior to July 1, 1999, at 6 19 the rate of $55 per hour for class "A" felonies, $50 per hour 6 20 for class "B" felonies, and $45 per hour for all other cases. 6 21 For purposes of determining the compensation rate for an 6 22 attorney representing an indigent juvenile, the bill provides 6 23 that the attorney is considered appointed on the date of the 6 24 first dispositional hearing or first review hearing held on or 6 25 after July 1, 1999, at the rate of $50 per hour. 6 26 LSB 5370DP 78 6 27 jm/cls/14
Text: HSB00714 Text: HSB00716 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2000 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: Tue Feb 22 03:35:45 CST 2000
URL: /DOCS/GA/78GA/Legislation/HSB/00700/HSB00715/000221.html
jhf