1. The local public defender shall do all of the following:
a. Represent without fee an indigent person who is under arrest or charged with a crime if the indigent person requests it or the court orders it. The local public defender shall counsel and defend an indigent defendant at every stage of the criminal proceedings and prosecute before or after conviction any appeals or other remedies which the local public defender considers to be in the interest of justice unless the court appoints other counsel.
b. Represent an indigent party, without fee and upon an order of the court, in child in need of assistance, family in need of assistance, delinquency, and termination of parental rights proceedings pursuant to chapter 232. The local public defender shall counsel and represent an indigent party in all proceedings pursuant to chapter 232 and prosecute before or after judgment any appeals or other remedies which the local public defender considers to be in the interest of justice unless the court appoints other counsel. The state public defender shall be reimbursed by the counties for services rendered by employees of the local public defenders' offices under this subsection, pursuant to section 232.141.
c. Make an initial determination of indigence as required under section 815.9 prior to the initial arraignment or other initial court appearance.
d. Make an annual report to the state public defender. The report shall include all cases handled by the local public defender during the preceding calendar year.
2. An appointed attorney under this section is not liable to a person represented by the attorney pursuant to this chapter for damages as a result of a conviction unless the court determines in a postconviction appeal that the person's conviction resulted from ineffective assistance of counsel.
3. The local public defender may appoint the number of assistant public defenders, clerks, investigators, stenographers, and other employees as approved by the state public defender. An assistant local public defender must be an attorney licensed to practice before the Iowa supreme court. Appointments shall be made in the manner prescribed by the state public defender.
88 Acts, ch 1161, § 9; 89 Acts, ch 83, § 4; 91 Acts, ch 268, §413; 94 Acts, ch 1187, §18, 19; 91 Acts, ch 268, § 439
1991 amendment repealed effective July 1, 1995; language of 1991 Code restored per instructions to Code editor; 91 Acts, ch 268, § 439 ~ISee 94 Acts, ch 1187, § 18, 19, for amendments to section as amended by 91 Acts, ch 268, § 413, which are stricken in accordance with instructions to Code editor; 91 Acts, ch 268, § 439
Iowa General Assembly
Search: Iowa Code 1995SUPPLEMENT
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