Text: HF02137 Text: HF02139 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2138 1 2 1 3 AN ACT 1 4 RELATING TO PAYMENT OF LEGAL EXPENSES FOR INDIGENT PERSONS 1 5 BY THE STATE PUBLIC DEFENDER. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 13B.4, subsection 2, Code Supplement 1 10 2003, is amended to read as follows: 1 11 2. The state public defender shall file a notice with the 1 12 clerk of the district court in each county served by a public 1 13 defendera designation of which localdesignating which public 1 14 defender office shall receive notice of appointment of cases. 1 15 The state public defender may also designate a nonprofit 1 16 organization which contracts with the state public defender to 1 17 provide legal services to eligible indigent persons. Except 1 18 as otherwise provided, in each county in which the state 1 19 public defender filessucha designation, the state public 1 20defender or itsdefender's designee shall be appointed by the 1 21 court to represent all eligible indigents, in all of the cases 1 22 and proceedings specifiedunder subsection 1in the 1 23 designation. The appointment shall not be made if the state 1 24 public defender notifies the court that thelocalpublic 1 25 defender designee will not provide legal representation in 1 26 certain cases as identified in the designation by the state 1 27 public defender. 1 28 Sec. 2. Section 13B.4, subsection 3, Code Supplement 2003, 1 29 is amended to read as follows: 1 30 3. The state public defender may contract with persons 1 31 admitted to practice law in this state and nonprofit 1 32 organizations employing persons admitted to practice law in 1 33 this state for the provision of legal services to indigent 1 34 persons. 1 35 Sec. 3. Section 13B.4, subsection 4, paragraph c, 2 1 subparagraph (2), subparagraph subdivision (d), Code 2 2 Supplement 2003, is amended to read as follows: 2 3 (d) Ifthe appointment ofthe claimant wasobtained2 4without complyingappointed contrary to section 814.11, or the 2 5 claimant failed to comply with section814.11, subsection 6,2 6or section815.10, subsection 5. 2 7 Sec. 4. Section 13B.9, subsection 4, Code Supplement 2003, 2 8 is amended to read as follows: 2 9 4. If a conflict of interest arises or if the local public 2 10 defender is unable to handle a case because of a temporary 2 11 overload of cases, the local public defender shall return the 2 12 case to the court. If the case is returned and the state 2 13 public defender has filed a successor designation, the court 2 14 shall appoint the successor designee. If there is no 2 15 successor designee on file, the court shall make the 2 16 appointment pursuant to section 815.10. As used in this 2 17 subsection, "successor designee" may include another local 2 18 public defender office or a nonprofit organization that hasa2 19contract with the office of the state public defender for the2 20provision of legal services to indigent personscontracted 2 21 with the state public defender under section 13B.4, subsection 2 22 3. 2 23 Sec. 5. Section 815.10A, Code 2003, is amended to read as 2 24 follows: 2 25 815.10A CLAIMS FOR COMPENSATION. 2 26 1. An attorney other than a public defender who has been 2 27 appointed by the court under this chapter mustapplysubmit a 2 28 claim to the state public defender for compensation and 2 29 reimbursement of expenses incurred in the representation of an 2 30 indigent person. 2 31 2. Claims for compensation and reimbursement submitted by 2 32 an attorney appointed after June 30, 2004, are not considered 2 33 timely unless the claim is submitted to the state public 2 34 defender within forty-five days of the sentencing, acquittal, 2 35 or dismissal of a criminal case or the final ruling or 3 1 dismissal of any other type of case. 3 22.3. An attorney shall obtain court approval prior to 3 3 exceeding the fee limitations established by the state public 3 4 defender pursuant to section 13B.4. An attorney may exceed 3 5 the fee limitations, if good cause for exceeding the fee 3 6 limitations is shown. An attorney may obtain court approval 3 7 after exceeding the fee limitations, if good cause excusing 3 8 the attorney's failure to seek approval prior to exceeding the 3 9 fee limitations is shown. However, failure to file an 3 10 application to exceed a fee limitation prior to exceeding the 3 11 fee limitation does not constitute good cause. The order 3 12 approving an application to exceed the fee limitations shall 3 13 be effective from the date of filing the application unless 3 14 the court order provides an alternative effective date. 3 15Failure to timely file an application to exceed a fee3 16limitation after exceeding the fees shall not constitute good3 17cause.The application and the court order approving the 3 18 application to exceed fee limitations and any other order 3 19 affecting the amount of compensation or reimbursement shall be 3 20 submitted with any claim for compensation. 3 213.4. If the information is not submitted as required 3 22 under this section and under the rules of the state public 3 23 defender, the claim for compensation may be denied until the 3 24 information is provided. Uponsubmittingreceipt of the 3 25 required information, the state public defender may approve 3 26 reasonable and necessary compensation, as provided for in the 3 27 administrative rules and the law. 3 28 Sec. 6. Section 815.11, Code Supplement 2003, is amended 3 29 to read as follows: 3 30 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE. 3 31 Costs incurred under chapter 229A, 665, or 822, or section 3 32 232.141, subsection 3, paragraph "c", or section 598.23A, 3 33 814.9, 814.10, 814.11, 815.4, 815.7, 815.10, or 908.11 on 3 34 behalf of an indigent shall be paid from funds appropriated by 3 35 the general assembly to the office of the state public 4 1 defender in the department of inspections and appeals for 4 2 those purposes. Costs incurred representing an indigent 4 3 defendant in a contempt action, or representing an indigent 4 4 juvenile in a juvenile court proceeding under chapter 600, are 4 5 also payable from these funds. However, costs incurred in any 4 6 administrative proceeding or in any other proceeding under 4 7 chapter 598, 600, 600A, 633, or 915 or other provisions of the 4 8 Code or administrative rules are not payable from these funds. 4 9 4 10 4 11 4 12 CHRISTOPHER C. RANTS 4 13 Speaker of the House 4 14 4 15 4 16 4 17 JEFFREY M. LAMBERTI 4 18 President of the Senate 4 19 4 20 I hereby certify that this bill originated in the House and 4 21 is known as House File 2138, Eightieth General Assembly. 4 22 4 23 4 24 4 25 MARGARET THOMSON 4 26 Chief Clerk of the House 4 27 Approved , 2004 4 28 4 29 4 30 4 31 THOMAS J. VILSACK 4 32 Governor
Text: HF02137 Text: HF02139 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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