Text: HSB00053 Text: HSB00055 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 13B.4, subsection 4, paragraph d, Code
1 2 2003, is amended by adding the following new subparagraph:
1 3 NEW SUBPARAGRAPH. (7) Any court order entered after the
1 4 state public defender has taken action on a claim, which
1 5 affects that claim, without first notifying the state public
1 6 defender and permitting the state public defender an
1 7 opportunity to respond, is void.
1 8 Sec. 2. Section 13B.9, subsection 4, Code 2003, is amended
1 9 to read as follows:
1 10 4. If a conflict of interest arises or if the local public
1 11 defender is unable to handle a case because of a temporary
1 12 overload of cases, the local public defender shall return the
1 13 case to the court. If the case is returned and the state
1 14 public defender has filed a successor designation, the court
1 15 shall appoint the successor designee. If there is no
1 16 successor designee on file, the court shall make the
1 17 appointment pursuant to section 815.10. As used in this
1 18 subsection, "successor designee" may include another local
1 19 public defender office or a nonprofit organization that has a
1 20 contract with the office of the state public defender for the
1 21 provision of legal services to indigent dependents.
1 22 Sec. 3. Section 815.11, Code 2003, is amended to read as
1 23 follows:
1 24 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE.
1 25 Costs incurred under chapter 229A, 665, or 822, or section
1 26 232.141, subsection 3, paragraph "c", or section 598.23A,
1 27 814.9, 814.10, 814.11, 815.4, 815.5, 815.7, 815.10, or 908.11
1 28 on behalf of an indigent shall be paid from funds appropriated
1 29 by the general assembly to the office of the state public
1 30 defender in the department of inspections and appeals for
1 31 those purposes. Costs incurred in any administrative
1 32 proceeding or in any other proceeding under chapter 598, 600A,
1 33 633, or 915, or other provisions of the Code or administrative
1 34 rules are not payable from these funds.
1 35 EXPLANATION
2 1 This bill relates to the representation of indigent persons
2 2 and indigent defense claims.
2 3 The bill provides any court order entered after the state
2 4 public defender has taken action on an indigent defense claim,
2 5 which affects that claim, is void if the state public defender
2 6 was not notified and permitted an opportunity to respond prior
2 7 to the order being entered.
2 8 The bill provides that if a local public defender's office
2 9 is unable to represent an indigent person due to a conflict of
2 10 interest, the court may appoint another local public
2 11 defender's office or a nonprofit organization that has a
2 12 contract with the office of the state public defender for
2 13 indigent defense services.
2 14 The bill provides that costs incurred in contempt
2 15 proceedings for nonpayment of support pursuant to Code section
2 16 598.23A are payable from funds appropriated for indigent
2 17 defense.
2 18 The bill provides that costs incurred in any administrative
2 19 proceeding or in any other proceeding under Code chapter 598
2 20 (domestic relations), 600A (termination of parental rights),
2 21 633 (probate), or 915 (victim rights) are not payable from
2 22 funds appropriated for indigent defense.
2 23 LSB 1312DP 80
2 24 jm/sh/8
Text: HSB00053 Text: HSB00055 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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