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PAG LIN 1 1 SENATE FILE 451 1 2 1 3 AN ACT 1 4 RELATING TO THE PAYMENT OF THE LEGAL DEFENSE COSTS OF INDIGENT 1 5 PERSONS, EXPANDING THE DUTIES OF THE STATE PUBLIC DEFENDER, 1 6 AND PROVIDING FOR THE APPOINTMENT AND REMOVAL OF CERTAIN STATE 1 7 PUBLIC DEFENDER PERSONNEL. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 8.59, Code 1999, is amended to read as 1 12 follows: 1 13 8.59 APPROPRIATIONS FREEZE. 1 14 Notwithstanding contrary provisions of the Code, the 1 15 amounts appropriated under the applicable sections of the Code 1 16 for fiscal years commencing on or after July 1, 1993, are 1 17 limited to those amounts expended under those sections for the 1 18 fiscal year commencing July 1, 1992. If an applicable section 1 19 appropriates moneys to be distributed to different recipients 1 20 and the operation of this section reduces the total amount to 1 21 be distributed under the applicable section, the moneys shall 1 22 be prorated among the recipients. As used in this section, 1 23 "applicable sections" means the following sections: 53.50, 1 24 229.35, 230.8, 230.11, 405A.8, 411.20, and 663.44, and 822.5. 1 25 Sec. 2. NEW SECTION. 13B.2A INDIGENT DEFENSE ADVISORY 1 26 COMMISSION. 1 27 An indigent defense advisory commission is established 1 28 within the department to advise and make recommendations to 1 29 the legislature and the state public defender regarding the 1 30 hourly rates paid to court-appointed counsel and per case fee 1 31 limitations. These recommendations shall be consistent with 1 32 the constitutional requirement to provide effective assistance 1 33 of counsel to those indigent persons for whom the state is 1 34 required to provide counsel. 1 35 The advisory commission shall consist of five members. The 2 1 governor shall appoint three members, including one member 2 2 from nominations by the Iowa state bar association and one 2 3 member from nominations by the supreme court. Two members, 2 4 one from each chamber of the general assembly, shall be 2 5 appointed, with no more than one appointed from the same 2 6 political party. Each member shall serve a three-year term, 2 7 with initial terms to be staggered. No more than three 2 8 members shall be licensed to practice law in Iowa. The state 2 9 public defender shall serve as an ex officio member of the 2 10 commission and shall serve as the nonvoting chair of the 2 11 commission. 2 12 The members of the commission are entitled to receive 2 13 reimbursement for actual expenses incurred as provided for in 2 14 section 7E.6, subsection 2, while engaged in the performance 2 15 of the duties of the commission. 2 16 The advisory commission shall file a written report every 2 17 three years with the governor and the general assembly by 2 18 January 1 of a year in which a report is due regarding the 2 19 recommendations and activities of the commission. The first 2 20 such report shall be due on January 1, 2003. 2 21 Sec. 3. Section 13B.4, subsections 1 through 3, Code 1999, 2 22 are amended to read as follows: 2 23 1. The state public defender shall coordinate the 2 24 provision of legal representation of all indigents under 2 25 arrest or charged with a crime, seeking postconviction relief, 2 26 against whom a contempt action is pending, in proceedings 2 27 under chapter 229A, on appeal in criminal cases, and on appeal 2 28 in proceedings to obtain postconviction relief when ordered to 2 29 do so by the district court in which the judgment or order was 2 30 issued, and may provide for the representation of indigents in 2 31 proceedings instituted pursuant to chapter 908. The state 2 32 public defender shall not engage in the private practice of 2 33 law. 2 34 2. The state public defender shall file with the clerk of 2 35 the district court in each county served by a public defender 3 1 a designation of which local public defender office shall 3 2 receive notice of appointment of cases. Except as otherwise 3 3 provided, in each county in which the state public defender 3 4 files such designation, the state public defender or its 3 5 designee shall be appointed by the court to represent all 3 6 eligible indigents,whether the case is criminal or juvenile3 7in naturein all of the cases and proceedings specified under 3 8 subsection 1. The appointment shall not be made if the state 3 9 public defender notifies the court that the local public 3 10 defender will not provide legal representation in cases 3 11involving offensesas identified in the designation by the 3 12 state public defender. 3 13 3. The state public defender may contract with persons 3 14 admitted to practice law in this state for the provision of 3 15 legal services to indigentor partially indigentpersons. 3 16 Sec. 4. Section 13B.4, subsection 4, Code 1999, is amended 3 17 by striking the subsection and inserting in lieu thereof the 3 18 following: 3 19 4. a. The state public defender shall establish fee 3 20 limitations for particular categories of cases. The fee 3 21 limitations shall be reviewed at least every three years. In 3 22 establishing and reviewing the fee limitations, the state 3 23 public defender shall consider public input during the 3 24 establishment and review process, and any available 3 25 information regarding ordinary and customary charges for like 3 26 services; the number of cases in which legal services to 3 27 indigents are anticipated; the seriousness of the charge; an 3 28 appropriate allocation of resources among the types of cases; 3 29 experience with existing hourly rates, claims, and fee 3 30 limitations; and any other factors determined to be relevant. 3 31 b. The state public defender shall establish a procedure 3 32 for the submission of all claims for payment of indigent 3 33 defense costs, including the submission of interim claims in 3 34 appropriate cases. 3 35 c. The state public defender may review any claim for 4 1 payment of indigent defense costs and may take any of the 4 2 following actions: 4 3 (1) If the charges are appropriate and reasonable, approve 4 4 the claim for payment. 4 5 (2) Deny the claim, if the claim is not timely filed. 4 6 (3) Request additional information or return the claim to 4 7 the attorney, if the claim is incomplete. 4 8 (4) If any portion of the claim is excessive, notify the 4 9 attorney that the claim is excessive and will be reduced to an 4 10 amount which is not excessive, and reduce and approve the 4 11 balance of the claim. 4 12 Notwithstanding chapter 17A, the attorney may seek review 4 13 of any action or intended action taken pursuant to paragraph 4 14 "d" by filing a motion with the court with jurisdiction over 4 15 the original appointment for review. The motion must be filed 4 16 within twenty days of any action taken by the state public 4 17 defender. The attorney shall have the burden to establish by 4 18 a preponderance of the evidence that the amount of 4 19 compensation and expenses is reasonable and necessary to 4 20 competently represent the client. The filing of a motion 4 21 shall not delay the payment of the amount specified by the 4 22 state public defender pursuant to this subsection. 4 23 Sec. 5. Section 13B.4, Code 1999, is amended by adding the 4 24 following new subsection: 4 25 NEW SUBSECTION. 4A. If any portion of the claim is not 4 26 payable under the attorney's appointment, the state public 4 27 defender shall deny those portions of the claim that are not 4 28 payable and approve the remainder of the claim. 4 29 Notwithstanding chapter 17A, an attorney whose claim for 4 30 compensation is denied may seek review of the action of the 4 31 state public defender by filing a motion with the court with 4 32 jurisdiction over the original appointment. The motion must 4 33 be filed within thirty days of the action of the state public 4 34 defender. The type of review and relief the court may provide 4 35 shall be limited to the review and relief specified in chapter 5 1 17A. The filing of a motion shall not delay the payment of 5 2 the amount approved by the state public defender. 5 3 Sec. 6. Section 13B.4, subsection 7, Code 1999, is amended 5 4 to read as follows: 5 5 7. The state public defender shall adopt rules, as 5 6 necessary, pursuant to chapter 17A to administer this chapter 5 7 andsection 815.9chapter 815. 5 8 Sec. 7. Section 13B.8, subsection 2, Code 1999, is amended 5 9 to read as follows: 5 10 2. The state public defender may appoint a local public 5 11 defender and may remove the local public defender, assistant 5 12 local public defenders, clerks, investigators, secretaries, or 5 13 other employees for cause.TheEach local public defender, 5 14 and any assistant local public defender, must be an attorney 5 15 admitted to the practice of law before the Iowa supreme court. 5 16 Sec. 8. Section 13B.9, subsection 1, paragraph b, Code 5 17 1999, is amended to read as follows: 5 18 b. Represent an indigent party, without fee and upon an 5 19 order of the court, in child in need of assistance, family in 5 20 need of assistance, delinquency, and termination of parental 5 21 rights proceedings pursuant to chapter 232 in a county served 5 22 by a public defender. The local public defender shall counsel 5 23 and represent an indigent party in all proceedings pursuant to 5 24 chapter 232 in a county served by a public defender and 5 25 prosecute before or after judgment any appeals or other 5 26 remedies which the local public defender considers to be in 5 27 the interest of justice unless other counsel is appointed to 5 28 the case.The state public defender shall be reimbursed by5 29the counties for services rendered by employees of the local5 30public defenders' offices under this subsection, pursuant to5 31section 232.141.5 32 Sec. 9. Section 13B.9, subsection 1, paragraph c, Code 5 33 1999, is amended by striking the paragraph. 5 34 Sec. 10. Section 13B.9, subsection 3, Code 1999, is 5 35 amended by striking the subsection. 6 1 Sec. 11. Section 13B.10, subsections 2 through 4, Code 6 2 1999, are amended by striking the subsections. 6 3 Sec. 12. Section 28E.19, Code 1999, is amended to read as 6 4 follows: 6 5 28E.19 JOINT COUNTY INDIGENT DEFENSE FUND. 6 6 Two or more counties may execute an agreement under this 6 7 chapter to create a joint county indigent defense fund to be 6 8 used to compensate attorneys appointed to represent indigents 6 9under section 815.10 when funds budgeted for that purpose are6 10exhausted. In addition to other requirements of an agreement 6 11 under this chapter, the agreement shall provide for the amount 6 12 to be paid by each county based on its population to establish 6 13 and maintain an appropriate balance in the joint fund, and for 6 14 a method of repayment if a county withdraws more funds than it 6 15 has contributed. 6 16 Sec. 13. Section 124.407, unnumbered paragraphs 2 and 7, 6 17 Code 1999, are amended by striking the unnumbered paragraphs. 6 18 Sec. 14. Section 125.78, subsections 1 and 2, Code 1999, 6 19 are amended to read as follows: 6 20 1. Determine whether the respondent has an attorney who is 6 21 able and willing to represent the respondent in the commitment 6 22 proceeding, and if not, whether the respondent is financially 6 23 able to employ an attorney and capable of meaningfully 6 24 assisting in selecting an attorney. In accordance with those 6 25 determinations, the court shall allow the respondent to select 6 26 an attorney or shall assign an attorney to the respondent. If 6 27 the respondent is financially unable to pay an attorney,the6 28attorney shall be compensated in substantially the same manner6 29as provided by section 815.7, except that if the county has a6 30public defender, the court may assign the public defender or6 31an attorney on the public defender's staff as the respondent's6 32attorneythe county shall compensate the attorney at an hourly 6 33 rate to be established by the county board of supervisors in 6 34 substantially the same manner as provided in section 815.7. 6 35 2. If the application includes a request for a court- 7 1 appointed attorney for the applicant and the court is 7 2 satisfied that a court-appointed attorney is necessary to 7 3 assist the applicant in a meaningful presentation of the 7 4 evidence, and that the applicant is financially unable to 7 5 employ an attorney, the court shall appoint an attorney to 7 6 represent the applicant. The attorney shall be compensated in7 7substantially the same manner as provided by section 815.7and 7 8 the county shall compensate the attorney at an hourly rate to 7 9 be established by the county board of supervisors in 7 10 substantially the same manner as provided in section 815.7. 7 11 Sec. 15. Section 222.13A, subsection 4, Code 1999, is 7 12 amended to read as follows: 7 13 4. As soon as practicable after the filing of a petition 7 14 for approval of the voluntary admission, the court shall 7 15 determine whether the minor has an attorney to represent the 7 16 minor in the proceeding. If the minor does not have an 7 17 attorney, the court shall assign to the minor an attorney. If 7 18 the minor is unable to pay for an attorney, the attorney shall 7 19 be compensatedin substantially the same manner as provided in7 20section 815.7by the county at an hourly rate to be 7 21 established by the county board of supervisors in 7 22 substantially the same manner as provided in section 815.7. 7 23 Sec. 16. Section 222.22, Code 1999, is amended to read as 7 24 follows: 7 25 222.22 TIME OF APPEARANCE. 7 26 The time of appearance shall not be less than five days 7 27 after completed service unless the court orders otherwise. 7 28 Appearance on behalf of the person who is alleged to have 7 29 mental retardation may be made by any citizen of the county or 7 30 by any relative. The district court shall assign counsel for 7 31 the person who is alleged to have mental retardation. Counsel 7 32 shall prior to proceedings personally consult with the person 7 33 who is alleged to have mental retardation unless the judge 7 34 appointing counsel certifies that in the judge's opinion, 7 35 consultation shall serve no useful purpose. The certification 8 1 shall be made a part of the record. An attorney assigned by 8 2 the court shallreceive compensation as the district court8 3shall fix to be paid in the first instance by the countybe 8 4 compensated by the county at an hourly rate to be established 8 5 by the county board of supervisors in substantially the same 8 6 manner as provided in section 815.7. 8 7 Sec. 17. Section 229.2, subsection 1, paragraph c, Code 8 8 1999, is amended to read as follows: 8 9 c. As soon as is practicable after the filing of a 8 10 petition for juvenile court approval of the admission of the 8 11 minor, the juvenile court shall determine whether the minor 8 12 has an attorney to represent the minor in the hospitalization 8 13 proceeding, and if not, the court shall assign to the minor an 8 14 attorney. If the minor is financially unable to pay for an 8 15 attorney, the attorney shall be compensatedin substantially8 16the manner provided by section 815.7by the county at an 8 17 hourly rate to be established by the county board of 8 18 supervisors in substantially the same manner as provided in 8 19 section 815.7. 8 20 Sec. 18. Section 229.8, subsection 1, Code 1999, is 8 21 amended to read as follows: 8 22 1. Determine whether the respondent has an attorney who is 8 23 able and willing to represent the respondent in the 8 24 hospitalization proceeding, and if not, whether the respondent 8 25 is financially able to employ an attorney and capable of 8 26 meaningfully assisting in selecting one. In accordance with 8 27 those determinations, the court shall if necessary allow the 8 28 respondent to select, or shall assign to the respondent, an 8 29 attorney. If the respondent is financially unable to pay an 8 30 attorney, the attorney shall be compensatedin substantially8 31the manner provided by section 815.7, except that if the8 32county has a public defender the court may designate the8 33public defender or an attorney on the public defender's staff8 34to act as the respondent's attorneyby the county at an hourly 8 35 rate to be established by the county board of supervisors in 9 1 substantially the same manner as provided in section 815.7. 9 2 Sec. 19. Section 229.19, unnumbered paragraph 3, Code 9 3 1999, is amended to read as follows: 9 4 The court or, if the advocate is appointed by the county 9 5 board of supervisors, the board shall prescribe reasonable 9 6 compensation for the services of the advocate. The 9 7 compensation shall be based upon the reports filed by the 9 8 advocate with the court. The advocate's compensation shall be 9 9 paid by the county in which the court is located, either on 9 10 order of the court or, if the advocate is appointed by the 9 11 county board of supervisors, on the direction of the board. 9 12 If the advocate is appointed by the court, the advocate is an 9 13 employee of the state for purposes of chapter 669. If the 9 14 advocate is appointed by the county board of supervisors, the 9 15 advocate is an employee of the county for purposes of chapter 9 16 670. If the patient or the person who is legally liable for 9 17 the patient's support is not indigent, the board shall recover 9 18 the costs of compensating the advocate from that person. If 9 19 that person has an income level as determined pursuant to 9 20 section 815.9 greater than one hundred percent but not more 9 21 than one hundred fifty percent of the poverty guidelines, at 9 22 least one hundred dollars of the advocate's compensation shall 9 23 be recoveredin accordance with rules adopted by the state9 24public defenderin the manner prescribed by the county board 9 25 of supervisors. If that person has an income level as 9 26 determined pursuant to section 815.9 greater than one hundred 9 27 fifty percent of the poverty guidelines, at least two hundred 9 28 dollars of the advocate's compensation shall be recoveredin9 29accordance with rules adopted by the state public defenderin 9 30 substantially the same manner prescribed by the county board 9 31 of supervisors as provided in section 815.7. 9 32 Sec. 20. Section 232.141, subsection 2, Code 1999, is 9 33 amended to read as follows: 9 34 2.Upon certification of the court, allAll of the 9 35 following expenses are a charge upon the county in which the 10 1 proceedings are held, to the extent provided in subsection 3: 10 2 a. The fees and mileage of witnesses and the expenses of 10 3 officers serving notices and subpoenas which are incurred in 10 4 connection with the appointment of an attorney by the court to 10 5 serve as counsel to any party or to serve as a guardian ad 10 6 litem for any child. 10 7 b. Reasonable compensation for an attorney appointed by 10 8 the court to serve as counsel to any party or as guardian ad 10 9 litem for any child. However, the amount of compensation paid 10 10 shall be paid in accordance with section 815.7. 10 11 Sec. 21. Section 232.141, subsection 3, paragraph c, Code 10 12 1999, is amended to read as follows: 10 13 c. Costs incurred under subsection 2 which are not paid by 10 14 the county under paragraphs "a" and "b" shall bereimbursed10 15 paid by the state.Reimbursement for the costs of10 16compensation of an attorney appointed by the court to serve as10 17counsel or guardian ad litem shall be made as provided in10 18section 815.7. A county shall apply for reimbursement to the10 19department of inspections and appeals whichHowever, before 10 20 any costs are paid, a claim must be submitted to and approved 10 21 by the state public defender who shall prescribe rules and 10 22 forms to implement this subsection. 10 23 Sec. 22. Section 237.20, subsection 4, paragraph e, Code 10 24 1999, is amended to read as follows: 10 25 e. The guardian ad litem of the foster child.TheAn 10 26 attorney appointed as guardian ad litem shall be eligible for 10 27 compensationthroughunder section 232.141, subsection1,10 28paragraph "b"2. 10 29 Sec. 23. Section 814.11, Code 1999, is amended to read as 10 30 follows: 10 31 814.11 INDIGENT'S RIGHT TO COUNSEL. 10 32 An indigent defendant is entitled to appointed counsel on 10 33 the appeal of all indictable offenses.SuchThe appointment 10 34is subject to rules of the supreme courtshall be made to the 10 35 state appellate defender unless the state appellate defender 11 1 is unable to handle the case due to a conflict of interest or 11 2 because of a temporary overload of cases. If the state 11 3 appellate defender is unable to handle the case, the court 11 4 shall appoint an attorney who has a contract with the state 11 5 public defender to handle such an appeal. If the court 11 6 determines that no contract attorney is available to handle 11 7 the appeal, the court may appoint a noncontract attorney who 11 8 has agreed to handle the case, but the order of appointment 11 9 shall include a specific finding that no contract attorney was 11 10 available. The appointment of noncontract attorneys shall be 11 11 on a rotational or equalization basis, considering the 11 12 experience of the attorney and the difficulty of the case. 11 13 Sec. 24. Section 815.4, Code 1999, is amended to read as 11 14 follows: 11 15 815.4 SPECIAL WITNESSES FOR INDIGENTS. 11 16 Witnesses secured for indigentor partially indigent11 17 defendants under R.Cr.P. 19 must file a claim for compensation 11 18 supported by an affidavit specifying the time expended, 11 19 services rendered, and expenses incurred on behalf of the 11 20 defendant. 11 21 Sec. 25. Section 815.5, Code 1999, is amended to read as 11 22 follows: 11 23 815.5 EXPERT WITNESSES FOR STATE AND DEFENSE. 11 24 Notwithstanding the provisions of section 622.72, 11 25 reasonable compensation as determined by the court shall be 11 26 awarded expert witnesses, expert witnesses for an indigentor11 27partially indigentperson referred to in section 815.4, or 11 28 called by the state in criminal cases. 11 29 Sec. 26. Section 815.7, Code 1999, is amended to read as 11 30 follows: 11 31 815.7 FEES TO ATTORNEYS. 11 32 An attorney who has not entered into a contract authorized 11 33 under section 13B.4 and who is appointed by the court to 11 34 represent any person charged with a crime in this state, 11 35 seeking postconviction relief, against whom a contempt action 12 1 is pending, appealing a criminal conviction, appealing a 12 2 denial of postconviction relief, or subject to a proceeding 12 3 under chapter 229A, or to serve as counsel for any person or 12 4 guardian ad litemto a personfor any child in juvenile court, 12 5in this stateshall be entitled toareasonable compensation 12 6 and expenseswhich shall be the ordinary and customary charges12 7for like services in the community to be decided in each case12 8by a judge of the district court or of the juvenile court, as12 9applicable, including such sum or sums as the court may12 10determine are necessary for investigation in the interests of12 11justice and in the event of appeal the cost of obtaining the12 12transcript of the trial and the printing of the trial record12 13and necessary briefs in behalf of the defendant.However, the12 14reasonable compensation awarded an attorney shall not be12 15calculated based upon an hourly rate that exceeds the rate a12 16contract attorney as provided in section 13B.4 would receive12 17in a similar case.For appointments made on or after July 1, 12 18 1999, the reasonable compensation shall be calculated on the 12 19 basis of sixty dollars per hour for class "A" felonies, fifty- 12 20 five dollars per hour for class "B" felonies, and fifty 12 21 dollars per hour for all other offenses. The expenses shall 12 22 include any sums as are necessary for investigations in the 12 23 interest of justice, and the cost of obtaining the transcript 12 24 of the trial record and briefs if an appeal is filed.Such12 25 The attorney need not follow the case into another county or 12 26 into the appellate court unless so directed by the courtat12 27the request of the defendant, where grounds for further12 28litigation are not capricious or unreasonable, but if such12 29attorney does so, the attorney's fee shall be determined12 30accordingly. If the attorney follows the case into another 12 31 county or into the appellate court, the attorney shall be 12 32 entitled to compensation as provided in this section. Only 12 33 one attorney fee shall be so awarded in any one case except 12 34 that in class "A" felony cases, two may be authorized. 12 35 Sec. 27. Section 815.9, Code 1999, is amended to read as 13 1 follows: 13 2 815.9 INDIGENCY DETERMINED – PENALTY. 13 3 1. For purposes of this chapter,section 68.8, section13 4222.22chapter 13B, chapter 229A, chapter 232, chapter 665, 13 5 chapter 814, chapter 822, and the rules of criminal procedure, 13 6the following applya person is indigent if the person is 13 7 entitled to an attorney appointed by the court as follows: 13 8 a. A person isindigententitled to an attorney appointed 13 9 by the court to represent the person if the person has an 13 10 income level at or below one hundredfiftytwenty-five percent 13 11 of the United States poverty level as defined by the most 13 12 recently revised poverty income guidelines published by the 13 13 United States department of health and human services, unless 13 14 the court determines that the person is able to pay for the 13 15 cost of an attorney to represent the person on the pending 13 16 charges. In making the determination of a person's ability to 13 17 pay for the cost of an attorney, the court shall consider not 13 18 only the person's income, but also the availability of any 13 19 assets subject to execution, including but not limited to 13 20 cash, stocks, bonds, and any other property which may be 13 21 applied to the satisfaction of judgments and the seriousness 13 22 of the charge. 13 23b. A person is not indigent if the person has an income13 24level greater than one hundred fifty percent of the United13 25States poverty level as defined by the most recently revised13 26poverty income guidelines published by the United States13 27department of health and human services.13 28cb. A person with an income level greater than one 13 29 hundredfiftytwenty-five percent, butless thanat or below 13 30 two hundred percent, of the most recently revised poverty 13 31 income guidelines published by the United States department of 13 32 health and human servicesmay be deemed partially indigent by13 33 shall not be entitled to an attorney appointed by the court, 13 34 unless the courtpursuant tomakes a written finding that,13 35given the person's circumstances,not appointing counsel on 14 1 the pending charges would cause the person substantial 14 2 hardship.However, the court shall require a person appointed14 3counsel to contribute to the cost of representation in14 4accordance with rules adopted by the state public defender.14 5 In determining whether substantial hardship would result, the 14 6 court shall consider not only the person's income, but also 14 7 the availability of any assets subject to execution, including 14 8 but not limited to cash, stocks, bonds, and any other property 14 9 which may be applied to the satisfaction of judgments and the 14 10 seriousness of the charge. 14 11dc. A person with an income level greater than two 14 12 hundred percent of the most recently revised poverty income 14 13 guidelines published by the United States department of health 14 14 and human services shall not bedeemed indigent or partially14 15indigententitled to an attorney appointed by the court, 14 16 unless the person is charged with a felony and the court makes 14 17 a written finding that, given the person's circumstances,not 14 18 appointing counsel would cause the person substantial 14 19 hardship.However, the court shall require a person appointed14 20counsel to contribute to the cost of representation in14 21accordance with rules adopted by the state public defender.14 22 In determining whether substantial hardship would result, the 14 23 court shall consider not only the person's income, but also 14 24 the availability of any assets subject to execution, including 14 25 but not limited to cash, stocks, bonds, and any other property 14 26 which may be applied to the satisfaction of judgments and the 14 27 seriousness of the charge. 14 28 2. A determination ofthe indigent status ofwhether a 14 29 person is entitled to an appointed attorney shall be made on 14 30 the basis of an affidavit of financial status submitted at the 14 31 time of the person's initial appearancebefore a courtor at 14 32 such later time as a request for court appointment of counsel 14 33 is made.If a person is granted legal assistance as an14 34indigent or partial indigent, the financial statement shall be14 35filed and permanently retained in the person's court file.15 1 The state public defender shall adopt rules prescribing the 15 2 form and content of the affidavit of financialstatement and15 3the criteria by which a determination of indigency shall be15 4basedstatus. The affidavit of financialstatementstatus 15 5 shall be signed under penalty of perjury and shall contain 15 6 sufficient information to allow the determination to be made 15 7 of whether the personmeets the guidelines set out in15 8subsection 1 and shall be accompanied by the person's most15 9recent pay slip, if employedis entitled to an appointed 15 10 attorney under this section. If the person is granted an 15 11 appointed attorney, the affidavit of financial status shall be 15 12 filed and permanently retained in the person's court file. 15 13 3.A person who knowingly submits a false financial15 14statement for the purpose of obtaining legal assistance by15 15appointed counsel commits a fraudulent practice.If a person 15 16 is granted an appointed attorney, the person shall be required 15 17 to reimburse the state for the total cost of legal assistance 15 18 provided to the person.As used in this subsection, "legal15 19assistance" includes legal counsel"Legal assistance" as used 15 20 in this section shall include not only an appointed attorney, 15 21 but also transcripts, witness feesand, expenses, and any 15 22 other goods or services required by law to be provided to an 15 23 indigent person entitled to an appointed attorney. 15 24 4. If the case is a criminal case, all costs and fees 15 25 incurred for legal assistance shall become due and payable to 15 26 the clerk of the district court by the person receiving the 15 27 legal assistance not later than the date of sentencing, or if 15 28 the person is acquitted or the charges are dismissed, within 15 29 thirty days of the acquittal or dismissal. 15 30 5. If the case is other than a criminal case, all costs 15 31 and fees incurred for legal assistance shall become due and 15 32 payable to the clerk of the district court by the person 15 33 receiving the legal assistance not later than ten days from 15 34 the date of any court ruling or trial held in the case, or if 15 35 the case is dismissed, within ten days of the dismissal. 16 1 6. An appointed attorney shall submit a report pertaining 16 2 to the costs and fees for legal assistance to the court at the 16 3 times specified in subsections 4 and 5. If the appointed 16 4 attorney is a public defender, the report shall specify the 16 5 total hours of service plus other expenses. If the appointed 16 6 attorney is a private attorney, the total amount of legal 16 7 assistance shall be the total amount of the fees claimed by 16 8 the appointed attorney together with other expenses. 16 9 7. If all costs and fees incurred for legal assistance are 16 10 not paid at the times specified in subsections 4 and 5, the 16 11 court shall order payment of the costs and fees in reasonable 16 12 installments. 16 13 8. If a person is granted an appointed attorney or is 16 14 receiving legal assistance in accordance with this section and 16 15 the person is employed, the person shall execute an assignment 16 16 of wages. An order for assignment of income, in a reasonable 16 17 amount to be determined by the court, shall also be entered by 16 18 the court. The state public defender shall prescribe forms 16 19 for use in wage assignments and court orders entered under 16 20 this section. 16 21 9. If any costs and fees are not paid at the times 16 22 specified under subsections 4 and 5, a judgment shall be 16 23 entered against the person for any unpaid amounts. 16 24 Sec. 28. Section 815.10, Code 1999, is amended to read as 16 25 follows: 16 26 815.10 APPOINTMENT OF COUNSEL BY COURT. 16 27 1. The court, for cause and upon its own motion or upon 16 28 application by an indigent person or a public defender, shall 16 29 appoint the state public defender, the state public defender's 16 30 designee pursuant to section 13B.4, or an attorney pursuant to 16 31 section 13B.9 to represent an indigent person at any stage of 16 32 the criminal, postconviction, contempt, commitment under 16 33 chapter 229A, or juvenile proceedings or on appeal of any 16 34 criminal, postconviction, contempt, commitment under chapter 16 35 229A, or juvenile action in which the indigent person is 17 1 entitled to legal assistance at public expense. However, in 17 2 juvenile cases, the court may directly appoint an existing 17 3 nonprofit corporation established for and engaged in the 17 4 provision of legal services for juveniles. An appointment 17 5 shall not be made unless the person is determined to be 17 6 indigent under section 815.9. Only one attorney shall be 17 7 appointed in all cases, except that in class "A" felony cases 17 8 the court may appoint two attorneys. 17 9 2. An attorney other than a public defenderor a contract17 10attorneywho is appointed by the court under this section 17 11 shall apply to thedistrict courtstate public defender for 17 12 compensation and for reimbursement of costs incurred. The 17 13 amount of compensation due shall be determined in accordance 17 14 with any indigent defense contract or pursuant to section 17 15 815.7. 17 16 3.A contract attorney appointed by the court pursuant to17 17this section and section 13B.4 shall apply to the state public17 18defender for compensation and for reimbursement of costs17 19incurred in accordance with the contract. The amount of17 20compensation due shall be determined in accordance with the17 21contract.The state public defender shall adopt rules which 17 22 specify the information which shall be included with all 17 23 claims for compensation submitted by court-appointed attorneys 17 24 under this section. The rules shall require that a court- 17 25 appointed attorney shall obtain court approval of a claim 17 26 prior to exceeding the fee limitations established pursuant to 17 27 section 13B.4. However, a court-appointed attorney may 17 28 request court approval after exceeding a fee limitation if 17 29 good cause is shown. The order approving a claim that exceeds 17 30 the fee limitation shall be included in the information 17 31 submitted under this section. If the information required 17 32 under this section and the rules of the state public defender 17 33 is not submitted, the claim may be denied until the 17 34 information is provided. If the information required under 17 35 this section and the rules of the state public defender is 18 1 submitted with the claim, the state public defender may 18 2 approve reasonable and proper compensation to the court- 18 3 appointed attorney in the manner provided in the rules. 18 4 Sec. 29. Section 815.11, Code 1999, is amended to read as 18 5 follows: 18 6 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 18 7 Costs incurred under chapter 229A, 665, or 822, or section 18 8 232.141, subsection 3, paragraph "c", or sections 814.9, 18 9 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 815.10, or the 18 10 rules of criminal procedure on behalf of an indigent shall be 18 11 paid from funds appropriated by the general assembly to the 18 12 department of inspections and appeals for those purposes. 18 13 Sec. 30. EMERGENCY RULES. The office of the state public 18 14 defender of the department of inspections and appeals may 18 15 adopt administrative rules under section 17A.4, subsection 2, 18 16 and section 17A.5, subsection 2, paragraph "b", to implement 18 17 the provisions of this Act. The rules shall become effective 18 18 immediately upon filing, unless a later effective date is 18 19 specified in the rules. Any rules adopted in accordance with 18 20 this section shall not take effect before the rules are 18 21 reviewed by the administrative rules review committee. Any 18 22 rules adopted in accordance with the provisions of this 18 23 section shall also be published as notice of intended action 18 24 as provided in section 17A.4. 18 25 Sec. 31. Sections 815.9A and 815.10A, Code 1999, are 18 26 repealed. 18 27 18 28 18 29 18 30 MARY E. KRAMER 18 31 President of the Senate 18 32 18 33 18 34 18 35 BRENT SIEGRIST 19 1 Speaker of the House 19 2 19 3 I hereby certify that this bill originated in the Senate and 19 4 is known as Senate File 451, Seventy-eighth General Assembly. 19 5 19 6 19 7 19 8 MICHAEL E. MARSHALL 19 9 Secretary of the Senate 19 10 Approved , 1999 19 11 19 12 19 13 19 14 THOMAS J. VILSACK 19 15 Governor
Text: SF00450 Text: SF00452 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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