814.11  Indigent's right to counsel.

An indigent defendant is entitled to appointed counsel on the appeal of all indictable offenses. The appointment shall be made to the state appellate defender unless the state appellate defender is unable to handle the case due to a conflict of interest or because of a temporary overload of cases. If the state appellate defender is unable to handle the case, the court shall appoint an attorney who has a contract with the state public defender to handle such an appeal. If the court determines that no contract attorney is available to handle the appeal, the court may appoint a noncontract attorney who has agreed to handle the case, but the order of appointment shall include a specific finding that no contract attorney was available. The appointment of noncontract attorneys shall be on a rotational or equalization basis, considering the experience of the attorney and the difficulty of the case.

Section History: Early form

  [C79, 81, § 814.11]

Section History: Recent form

  99 Acts, ch 135, §23

Internal References

  Referred to in § 815.11


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