13B.10  Determination of indigence.

1.  For purposes of this chapter, a determination of indigence shall be made pursuant to section 815.9.

2.  A determination of indigence shall not be made except upon the basis of information contained in a detailed financial statement submitted by the person or by the person's parent, guardian, or custodian. The financial statement shall be in the form prescribed by the state public defender. If a person is determined to be indigent and given legal assistance, the financial statement shall be filed in the person's court file and with the state public defender. A defendant who is employed shall execute a wage assignment for indigent defense costs to be paid as a precondition for appointment of counsel.

3.  A person who knowingly submits a false financial statement for the purpose of obtaining legal assistance by an appointed attorney commits a fraudulent practice. As used in this subsection, "legal assistance" includes appointed counsel, transcripts, witness fees and expenses, and any other goods or services required by law to be provided to an indigent person.

4.  The district court shall decide, based upon the financial statement and other relevant information, whether the person is indigent. A public defender may make a temporary determination of indigence prior to the initial arraignment or other initial court appearance.

Section History: Recent form

  88 Acts, ch 1161, § 10; 89 Acts, ch 83, § 5; 93 Acts, ch 175, §16; 96 Acts, ch 1193, § 2

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