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Senate File 326

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 815.7, Code 1999, is amended to read as
  1  2 follows:
  1  3    815.7  FEES TO ATTORNEYS.
  1  4    An attorney who has not entered into a contract authorized
  1  5 under section 13B.4 and who is appointed by the court to
  1  6 represent any person charged with a crime in this state or to
  1  7 serve as counsel or guardian ad litem to a person in juvenile
  1  8 court in this state shall be entitled to a reasonable
  1  9 compensation which shall be the ordinary and customary charges
  1 10 for like services in the community to be decided in each case
  1 11 by a judge of the district court or of the juvenile court, as
  1 12 applicable, including such sum or sums as the court may
  1 13 determine are necessary for investigation in the interests of
  1 14 justice and in the event of appeal the cost of obtaining the
  1 15 transcript of the trial and the printing of the trial record
  1 16 and necessary briefs in behalf of the defendant.  However, the
  1 17 The reasonable compensation awarded an attorney shall not be
  1 18 calculated based upon an hourly rate that exceeds the rate a
  1 19 contract attorney as provided in section 13B.4 would receive
  1 20 in a similar case the following hourly rates:  fifty-five
  1 21 dollars per hour for out-of-court time and sixty-five dollars
  1 22 per hour for in-court time.  However, if the charge is either
  1 23 a class "A" or class "B" felony, the hourly rate for in-court
  1 24 time shall be seventy-five dollars per hour.  The supreme
  1 25 court shall coordinate these rates of compensation with the
  1 26 court's guidelines regarding the range of hourly compensation
  1 27 rates and the compensation limits placed on each misdemeanor
  1 28 or felony case with the maximum hourly rates of compensation
  1 29 established in this seciton.  Such attorney need not follow
  1 30 the case into another county or into the appellate court
  1 31 unless so directed by the court at the request of the
  1 32 defendant, where grounds for further litigation are not
  1 33 capricious or unreasonable, but if such attorney does so, the
  1 34 attorney's fee shall be determined accordingly.  Only one
  1 35 attorney fee shall be so awarded in any one case except that
  2  1 in class "A" felony cases, two may be authorized.  
  2  2                           EXPLANATION
  2  3    This bill changes the rate of compensation for private,
  2  4 noncontract, court-appointed attorneys and requires the new
  2  5 rates of compensation to be coordinated with the supreme
  2  6 court's compensation guidelines.  In addition to changing the
  2  7 compensation rate, the bill differentiates the compensation
  2  8 rates for in-court attorney time and out-of-court attorney
  2  9 time.  The bill sets the compensation rates at $55 per hour
  2 10 for out-of-court time, $65 per hour for in-court time, and $75
  2 11 per hour for in-court time on class "A" and class "B"
  2 12 felonies.  
  2 13 LSB 1165XS 78
  2 14 jm/sc/14
     

Text: SF00325                           Text: SF00327
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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