CHAPTER 13
CLAIMS FOR OTHER PROFESSIONAL SERVICES
493—13.1(13B,815) Scope. This chapter sets forth the rules for submission, payment and court review of claims for other professional services. See 493—Chapter 7 for definitions of terms used in this chapter.
493—13.2(815) Claims for other professional services. The state public defender shall review and approve claims for necessary and reasonable expenses for investigators, foreign language interpreters, expert witnesses, certified shorthand reporters, and medical/psychological evaluations if the claimant has a form W-9 on file with the department and the claim conforms to the requirements of this rule. Claims that do not comply with this rule will be returned.
	13.2(1) Claims for investigative services. The state public defender shall review, approve and forward for payment claims for necessary and reasonable expenses for investigators if the following conditions are met:
	a. 	The investigator submits a signed original and one copy of a claim containing the following information:
	(1)	The case name, case number and county in which the action is pending.
	(2)	The name of the attorney for whom the services were provided.
	(3)	The date on which services commenced.
	(4)	The date on which services ended.
	(5)	The total number of hours claimed.
	(6)	The total amount of the claim.
	(7)	The claimant’s name, address, social security number or federal tax identification number, and telephone number.
	b. 	Court approval to hire the investigator was obtained before any expenses for the investigator were incurred.
	c. 	One copy of each of the following documents is attached to the claim:
	(1)	The application and order granting authority to hire the investigator.
	(2)	The order appointing counsel. This order is unnecessary if the attorney is not court-appointed but the court, in granting the application noted above, determines that, although the client is able to employ counsel, funds are not available to the client to pay for the necessary investigation.
	(3)	An itemization of the investigator’s services detailing the expenses incurred, the services rendered, the date(s) on which the services were rendered, the time spent on each date, and the manner in which the amount of the claim for services was calculated.
	(4)	A court order setting the maximum dollar amount of the claim. For purposes of this subrule, if the court order that authorizes hiring the investigator sets a limit for the claim, this court order is unnecessary.
	13.2(2) Claims for foreign language interpreters. The state public defender shall review, approve and forward for payment claims for necessary and reasonable expenses for foreign language interpreters in accordance with the administrative directive of the state court administrator in the matter of court interpreter compensation, effective September 1, 2007, if the following conditions are met:
	a. 	The interpreter submits a signed original and one copy of a claim containing the following information:
	(1)	The case name, case number and county in which the action is pending.
	(2)	The name of the attorney for whom the services were provided.
	(3)	The date on which services commenced.
	(4)	The date on which services ended.
	(5)	The total number of hours claimed.
	(6)	The total amount of the claim.
	(7)	The claimant’s name, address, social security number or federal tax identification number, E-mail address, if any, and telephone number.
	b. 	Court approval to hire the interpreter was obtained before any expenses for the interpreter were incurred.
	c. 	One copy of each of the following documents is attached to the claim:
	(1)	The application and order appointing the interpreter. This appointment is presumed to continue until the conclusion of the matter, unless limited by the court or modified by a subsequent order.
	(2)	The order appointing counsel. This order is unnecessary if the attorney is not court-appointed but the court, in granting the application for the appointment of the interpreter, makes one of the following specific findings:
	1.	The client is indigent, or
	2.	Although the client is able to employ counsel, funds are not available to the client to pay for necessary interpreter services.
	(3)	An itemization of the interpreter’s services detailing the expenses incurred, the services rendered, the date(s) on which the services were rendered, the time spent on each date including the time services began and ended on each day, and the manner in which the amount of the claim for services was calculated. With regard to expenses and services, the following shall apply:
	1.	Receipts for parking expenses are required for actual costs of $2 or more per day.
	2.	Claims for translating documents will be paid by the hour, not by the word or line.
	(4)	A court order setting the maximum dollar amount of the claim.
	d. 	Claims for services completed before September 1, 2007, are timely if submitted to the state public defender for payment before October 15, 2007. Claims for services completed after August 31, 2007, are timely if submitted to the state public defender for payment within 45 days of completion of services in the case.
	e. 	Claims which are not timely will be denied.
	13.2(3) Claims for expert witnesses. The state public defender shall review, approve and forward for payment claims for necessary and reasonable expenses for expert witnesses if the following conditions are met:
	a. 	The expert witness submits an original and one copy of a signed claim containing the following information:
	(1)	The case name, case number and county in which the action is pending.
	(2)	The name of the attorney for whom the services were provided.
	(3)	The date on which services commenced.
	(4)	The date on which services ended.
	(5)	The total number of hours claimed.
	(6)	The total amount of the claim.
	(7)	The claimant’s name, address, social security number or federal tax identification number, and telephone number.
	b. 	Court approval to hire the expert witness was obtained before any expenses for the expert witness were incurred.
	c. 	One copy of each of the following documents is attached to the claim:
	(1)	The application and order granting authority to hire the expert witness.
	(2)	The order appointing counsel. This order is unnecessary if the attorney is not court-appointed but the court, in granting the application noted above, determines that, although the client is able to employ counsel, funds are not available to the client to pay for necessary expert witness services.
	(3)	An itemization of the expert witness’s services detailing the expenses incurred, the services rendered, the date(s) on which the services were rendered, the time spent on each date, and the manner in which the amount of the claim for services was calculated.
	(4)	A court order setting the maximum dollar amount of the claim. For purposes of this subrule, if the court order that authorizes hiring the expert sets a limit for the claim, this court order is unnecessary.
	(5)	If the expert charges a “minimum” amount for services based on a specific time, a certification by the expert that no other services have been performed or charges made by the expert for any portion of that specific time.
	13.2(4) Claims for certified shorthand reporters. The state public defender shall review, approve and forward for payment claims for necessary and reasonable expenses for depositions and transcripts provided by certified shorthand reporters if the following conditions are met:
	a. 	The certified shorthand reporter submits a signed original and one copy of a claim containing the following information:
	(1)	The case name, case number and county in which the action is pending.
	(2)	The name of the attorney for whom the services were provided.
	(3)	The date on which the deposition/court proceeding commenced.
	(4)	The date on which the transcript was ordered.
	(5)	The date on which the transcript was delivered.
	(6)	The number of pages and cost per page.
	(7)	The total amount of the claim.
	(8)	The claimant’s name, address, social security number or federal tax identification number, E-mail address, if any, and telephone number.
	b. 	Court approval to hire the certified shorthand reporter was obtained before any expenses for the certified shorthand reporter were incurred.
	c. 	One copy of each of the following documents is attached to the claim:
	(1)	The application and order granting authority to hire the certified shorthand reporter at state expense.
	(2)	The order appointing counsel. This order is unnecessary if the attorney is not court-appointed but the court, in granting the application noted above, determines that, although the client is able to employ counsel, funds are not available to the client to pay for necessary certified shorthand reporter services.
	(3)	Itemization of any additional services or charges based on some criterion other than cost per page.
	(4)	If the certified shorthand reporter charges a “sitting fee” for services based on a specific time, a certification by the certified shorthand reporter that no other services have been performed or charges made by the certified shorthand reporter for any portion of that specific time.
	(5)	If the certified shorthand reporter is a state employee, a certification by the certified shorthand reporter that none of the time for which the claim is being submitted is time for which the certified shorthand reporter was being paid by the state.
Unless the certified shorthand reporter has a contract with the state providing for a different rate or manner of payment, claims for certified shorthand reporter services will be limited to the rate approved by the Iowa supreme court for preparation of transcripts and other certified shorthand reporter services.
	d. 	Claims for services completed before July 1, 2008, are timely if submitted to the state public defender for payment before August 15, 2008. Claims for services completed after June 30, 2008, are timely if submitted to the state public defender for payment within 45 days of the date on which services are completed.
	e. 	For depositions, services are completed on the date the deposition transcript is delivered or on the date of disposition of the case if no transcript is ordered, whichever date is earlier. For trial transcripts, services are completed on the date the trial transcript is delivered.
	f. 	Claims which are not timely will be denied.
	13.2(5) Claims for court-ordered evaluations. The state public defender shall review, approve and forward for payment claims for necessary and reasonable evaluations requested by an appointed attorney only if the purpose of the evaluation is to establish a defense or to determine whether an indigent is competent to stand trial, and not for any other purpose such as sentencing or placement, if the following conditions are met:
	a. 	The person performing the evaluation submits a signed original and one copy of a claim containing the following information:
	(1)	The case name, case number and county in which the action is pending.
	(2)	The name of the attorney for whom the services were provided.
	(3)	The date on which services commenced.
	(4)	The date on which services ended.
	(5)	The total number of hours claimed.
	(6)	The total amount of the claim.
	(7)	The claimant’s name, address, social security number or federal tax identification number, and telephone number.
	b. 	Court approval to conduct the evaluation was obtained before any expenses for the evaluation were incurred.
	c. 	One copy of each of the following documents is attached to the claim:
	(1)	The application and order granting authority to conduct the evaluation. This order must specify that the purpose of the evaluation is either to establish a defense to a pending charge or to determine whether an indigent is competent to stand trial.
	(2)	The order appointing counsel. This order is unnecessary if the attorney is not court-appointed but the court, in granting the application noted above, determines that, although the client is able to employ counsel, funds are not available to the client to pay for the evaluation.
	(3)	An itemization of the evaluator’s services detailing the expenses incurred, the services rendered, the date(s) on which the services were rendered, the time spent on each date, and the manner in which the amount of the claim for services was calculated.
	(4)	A court order setting the maximum dollar amount of the claim. For purposes of this subrule, if the court order authorizing the evaluation sets a limit for the claim, this court order is unnecessary.
	(5)	If the evaluator charges a “minimum” amount for services based on a specific time, a certification by the evaluator that no other services have been performed or charges made by the evaluator for any portion of that specific time.
	13.2(6) Submission of claims. Claims for payment for professional services provided to a public defender must be submitted to the local public defender office for which the services were provided. Other claims for professional services must be submitted, on a form promulgated by the state public defender, to the state public defender at the following address: State Public Defender, Claims, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319.
	13.2(7) Claims from state employees. Claims submitted by state of Iowa employees must be submitted on a form promulgated by the state public defender and on a state travel voucher form.
	13.2(8) Claim form for other professional services. Rescinded IAB 1/3/07, effective 2/7/07.
493—13.3(13B,815) Court review. A claimant whose claim for compensation is denied, reduced, or otherwise modified by the state public defender, for other than mathematical errors, may seek court review of the action of the state public defender.
	13.3(1) Motions for court review. Court review of the action of the state public defender is initiated by filing a motion with the trial court requesting the review. The following conditions shall apply to all such motions:
	a. 	The motion must be filed with the court within 20 days of the action of the state public defender.
	b. 	The motion must set forth each and every ground on which the claimant intends to rely in challenging the action of the state public defender.
	c. 	The motion must have attached to it a complete copy of the claim, together with the notice of action that the claimant seeks to have reviewed.
	d. 	A copy of all documents filed must be provided to the state public defender.
It is unnecessary for the state public defender to file any response to the motion.
	13.3(2) Hearings. The following shall apply to hearings on motions for court review:
	a. 	The motion shall be set for hearing by the court. Notice of the hearing on the claimant’s request for review shall be provided to the claimant and the state public defender at least ten days prior to the date and time set by the reviewing court.
	b. 	Unless the state public defender specifically indicates an intention to appear in person at the hearing, the state public defender shall participate by telephone. If the state public defender participates by telephone, the state public defender shall be responsible for initiating and paying for the telephone call.
	c. 	The burden shall be on the claimant requesting the review.
	d. 	The court shall consider only the issues raised in the claimant’s motion.
	e. 	The court shall issue a written ruling on the issues properly presented in the request for review.
	f. 	If a ruling is entered allowing additional fees, the claimant must file a new claim with the state public defender. A copy of the court’s ruling must be attached to the claim form. The date of service on the claim form is the date of the court’s order.
	13.3(3) Failure to seek review. Failure to seek court review within 20 days of the action of the state public defender will preclude court review of the state public defender’s action.
493—13.4(13B,815) Processing and payment. The state public defender will submit claims to the department for processing and payment. The department will submit claims that are not approved in the current fiscal year to the state appeal board for processing and payment.
493—13.5(13B,815) Payment errors. If an error resulting in an overpayment or double payment of a claim is discovered by the claimant, by the state public defender, by the department, or otherwise, the claimant shall reimburse the indigent defense fund for the amount of the overpayment. An overpayment or double payment shall be repaid by check. The check, made payable to “Treasurer, State of Iowa,” together with a copy of the payment voucher containing the overpayment or double payment, shall be mailed to the Department of Inspections and Appeals, Indigent Defense Unit, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083. The claimant shall notify the clerk of court of the overpayment or double payment.
493—13.6(815) Claims submitted by a county. Rescinded IAB 1/3/07, effective 2/7/07.
These rules are intended to implement Iowa Code chapters 13B and 815 as amended by 2004 Iowa Acts, House File 2138.
[Filed emergency 6/4/04—published 6/23/04, effective 7/1/04]
[Filed 11/3/04, Notice 6/23/04—published 11/24/04, effective 12/29/04]1
[Filed 1/13/06, Notice 10/26/05—published 2/1/06, effective 3/8/06]
[Filed 12/13/06, Notice 11/8/06—published 1/3/07, effective 2/7/07]
[Filed emergency 8/6/07—published 8/29/07, effective 9/1/07]
[Filed 10/3/07, Notice 8/29/07—published 10/24/07, effective 12/1/07]
[Filed 4/3/08, Notice 2/27/08—published 4/23/08, effective 5/28/08]
1	12/29/04 effective date delayed 70 days by the Administrative Rules Review Committee at its meeting held 12/14/04.