815.7  Fees to attorneys.

An attorney who has not entered into a contract authorized under section 13B.4 and who is appointed by the court to represent any person charged with a crime in this state or to serve as counsel or guardian ad litem to a person in juvenile court in this state shall be entitled to a reasonable compensation which shall be the ordinary and customary charges for like services in the community to be decided in each case by a judge of the district court or of the juvenile court, as applicable, including such sum or sums as the court may determine are necessary for investigation in the interests of justice and in the event of appeal the cost of obtaining the transcript of the trial and the printing of the trial record and necessary briefs in behalf of the defendant. However, the reasonable compensation awarded an attorney shall not be calculated based upon an hourly rate that exceeds the rate a contract attorney as provided in section 13B.4 would receive in a similar case. Such attorney need not follow the case into another county or into the appellate court unless so directed by the court at the request of the defendant, where grounds for further litigation are not capricious or unreasonable, but if such attorney does so, the attorney's fee shall be determined accordingly. Only one attorney fee shall be so awarded in any one case except that in class "A" felony cases, two may be authorized.

Section History: Early form

  [C51, § 2561-2563; R60, § 1578, 4168-4170; C73, § 3829-3831; C97, § 5314; C24, 27, 31, 35, 39, § 13774; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 775.5; C79, 81, § 815.7]

Section History: Recent form

  94 Acts, ch 1187, §23; 96 Acts, ch 1193, § 8; 97 Acts, ch 126, § 50

Internal References

  Referred to in § 125.78, 222.13A, 229.2, 229.8, 232.141, 815.10, 815.11

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