1. The court, for cause and upon its own motion or upon application by an indigent person or a public defender, may appoint a public defender or any attorney who is admitted to the practice of law in this state to represent an indigent person at any state of the proceedings or on appeal of any action in which the indigent person is entitled to legal assistance at public expense. An appointment shall not be made unless the person is determined to be indigent under section 815.9.
2. If a court finds that a person desires legal assistance and is not indigent, but refuses to employ an attorney, the court shall appoint a public defender or another attorney to represent the person at public expense. If an attorney other than a public defender is appointed, the fee paid to the attorney shall be taxed as a court cost against the person.
3. An attorney other than a public defender who is appointed by the court under subsection 1 or 2 shall apply to the district court for compensation and for reimbursement of costs incurred. The amount of compensation due shall be determined in accordance with section 815.7.
83 Acts, ch 186, § 10138, 10201; 91 Acts, ch 268, §436; 94 Acts, ch 1187, §24; 91 Acts, ch 268, §439
Referred to in § 28E.19, 815.11
1991 amendment repealed effective July 1, 1995; language of 1991 Code restored per instructions to Code editor; 91 Acts, ch 268, §439 ~ISee 94 Acts, ch 1187, §24, for amendment to section as amended by 91 Acts, ch 268, §436, which are stricken in accordance with instructions to Code editor; 91 Acts, ch 268, §439
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