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 only in accordance with the requirements of this subrule.
	a. 	Claim form. The certified shorthand reporter shall submit a signed original and one copy of a miscellaneous claim form 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 transcript was ordered.
	(4)	The date on which the transcript was delivered.
	(5)	The total amount of the claim.
	(6)	The claimant’s name; address; social security number, federal tax identification number or vendor identification number; e-mail address, if any; and telephone number.
	b. 	Required documentation. One copy of each of the following documents must be attached to the claim:
	(1)	The court 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 authority to hire the certified shorthand reporter, 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 services including date of deposition, persons deposed, arrival and departure time at the deposition, number of pages and the cost per page, travel time and listing of any other charges.
	(4)	If expedited transcript rates are claimed under subparagraph 13.2(4)“d”(10), an e-mail or other written statement from the attorney explaining that expedited delivery is required.
	(5)	If a cancellation fee is claimed under subparagraph 13.2(4)“d”(6), documentation of the date and time that notice of cancellation was given.
	(6)	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.
	c. 	Rates for court transcripts. If the certified shorthand reporter is a judicial branch employee, claims for certified shorthand reporter services for preparation of court transcripts will be limited to the rate approved by the Iowa supreme court for preparation of transcripts and other certified shorthand reporter services.
	d. 	Rates for other transcripts. Unless the certified shorthand reporter has a contract with the state providing for a different rate or manner of payment or the certified shorthand reporter submits a claim for a lesser amount, claims for certified shorthand reporter services for a non-judicial branch employee will be paid only at the rates set forth in this paragraph:
	(1)	Hourly rate when no transcript ordered. Fees for attending depositions when no transcript is ordered will be paid at the rate of $45 per hour for the actual time the certified shorthand reporter is present at the depositions including setup and takedown of equipment.
	(2)	Hourly rate when transcript ordered. Fees for attending depositions when a transcript is ordered will be paid at the rate of $35 per hour for the actual time the certified shorthand reporter is present at the depositions including setup and takedown of equipment.
	(3)	Travel time. Fees for travel time will be paid at the rate of $15 per hour for travel outside of the county of the certified shorthand reporter’s office location. Travel time within the county of the certified shorthand reporter’s office location will not be paid. No travel time is payable for the delivery of a transcript.
	(4)	Transcripts. Unless expedited delivery is requested, fees will be paid at the rate of $3.50 per page for an original, one copy, and an electronic version of the transcript. Copies of a transcript for which an original has already been ordered by any party will be paid at the rate of $1 per page.
	(5)	Exhibits. A rate of $0.10 per page for black and white and $0.30 per page for color copies will be paid.
	(6)	Cancellation fees. No cancellation fees will be paid as long as the certified shorthand reporter is given notice of cancellation at least 24 hours before the time scheduled for a deposition. If the deposition is canceled with less than 24 hours’ notice, a fee for two hours or the actual time that the certified shorthand reporter is present at the site of the deposition including setup and takedown of equipment, whichever is greater, is payable at the rate set forth in subparagraph 13.2(4)“d”(1). A certified shorthand reporter is deemed to have been given notice of cancellation when an attorney or representative of the attorney delivers notice of a cancellation to the e-mail address provided by the certified shorthand reporter or leaves a message on voicemail or with a representative of the certified shorthand reporter at the telephone number provided by the certified shorthand reporter, not when the certified shorthand reporter actually hears or reads the message.
	(7)	Minimum time. One hour minimum, exclusive of travel time, will be paid for a deposition that takes less than one hour.
	(8)	Other time. Except for the initial one hour minimum, all time billed at an hourly rate shall be billed in 15-minute increments.
	(9)	Postage. Actual postage costs that are reasonable and necessary will be paid.
	(10)	Expedited transcripts. Expedited transcripts are those that are required to be delivered within five business days of the date requested. Fees of $6 per page for an original, one copy, and an electronic version of the transcript will be paid for expedited transcripts. Copies of an expedited transcript for which an original has already been ordered by any party will be paid at the rate of $1 per page.
	(11)	Other expenses. Any additional expenses or fees for certified shorthand reporting services not set forth above will only be paid with the prior written consent of the state public defender obtained before the services are provided.
	e. 	Timely claims required. Claims for services are timely if submitted to the state public defender for payment within 45 days of the date on which services are completed. 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. Claims that are not timely shall be denied.
	f. 	Designation of preferred certified shorthand reporter. The state public defender may enter into a contract with one or more certified shorthand reporters to provide court reporting services for depositions in one or more counties and may designate such certified shorthand reporters to be the preferred certified shorthand reporters in the respective counties. Such designations shall be provided to the chief judge of the judicial district for the respective counties and shall be summarized on the Web site of the state public defender, http://spd.iowa.gov. Claims for services provided in a county in which the state public defender has designated a certified shorthand reporter as the preferred certified shorthand reporter shall be denied unless the claims are submitted by the certified shorthand reporter pursuant to the terms of the contract or are submitted by another certified shorthand reporter and include written documentation that the designated certified shorthand reporter was unavailable to handle the deposition.
	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.
[ARC 0137C, IAB 5/30/12, effective 7/11/12]
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 Office of the State Public Defender, 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.
[ARC 0137C, IAB 5/30/12, effective 7/11/12]
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 12/29/041]
[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]
[Filed ARC 0137C (Notice ARC 0050C, IAB 3/21/12), IAB 5/30/12, effective 7/11/12]
1	12/29/04 effective date delayed 70 days by the Administrative Rules Review Committee at its meeting held 12/14/04.