CHAPTER 12
CLAIMS FOR INDIGENT DEFENSE SERVICES
493—12.1(13B,815) Scope. This chapter sets forth the rules for submission, payment and court review of indigent defense fee claims. See 493—Chapter 7 for definitions of terms used in this chapter.
	12.1(1) The state public defender will pay from the indigent defense fund attorney fees and costs for the following types of cases: commitment of sexually violent predators under Iowa Code chapter 229A; contempts; postconviction relief proceedings to the extent authorized under Iowa Code chapter 822; juvenile justice under Iowa Code section 232.141(3)(c); guardians ad litem for children in juvenile court under Iowa Code chapter 600 or respondents under Iowa Code chapter 600A; fees for appellate attorneys under Iowa Code section 814.11; fees to attorneys under Iowa Code section 815.7; fees for court-appointed counsel under Iowa Code section 815.10; violation of probation or parole under Iowa Code chapter 908; indigent’s right to transcript on appeal under Iowa Code section 814.9; indigent’s application for transcript in other cases under Iowa Code section 814.10; and special witnesses for indigents under Iowa Code section 815.4.
	12.1(2) The state public defender will not pay for the costs for any type of administrative proceeding or any other proceeding under Iowa Code chapter 598, 600, 600A, 633, or 915 or other provisions of the Iowa Code.
	12.1(3) The Iowa Code requires the state public defender to approve only those indigent defense fee claims that are reasonable and appropriate under applicable statutes. In exercising this duty, the state public defender publishes rules and makes judgments considering what is statutorily permitted, fair for claimants, fair for indigent clients (who, by law, are required to reimburse the state for the costs of their defense), and consistent with good stewardship of public appropriations.
493—12.2(13B,815) Submission and payment of attorney claims.
	12.2(1) Court-appointed attorneys shall submit written claims to the state public defender for review, approval and payment. These claims shall include the following:
	a. 	A completed fee claim on a form promulgated by the state public defender. Adult fee claims, including misdemeanor appeals to district court, postconviction relief and applications for discretionary review or applications for interlocutory appeals to the Iowa supreme court, must be submitted on an Adult form. Juvenile fee claims, including petitions on appeal and applications for interlocutory appeals, must be submitted on a Juvenile form. Appellate fee claims, including claims for work performed after the granting of an application for discretionary review or for interlocutory appeal, or if full briefing is ordered following a petition on appeal, must be submitted on an Appellate form. The claim forms may be obtained from the clerk of district court or downloaded from the state public defender Web site: www.spd.state.ia.us. Claims submitted using forms downloaded from the Web site that do not comply with the instructions on the Web site may be returned to the claimant for additional information and resubmission.
	b. 	A copy of all orders appointing the attorney to the case.
	(1)	The appointment order must be signed by the court and either dated by the court or have a legible file-stamp.
	(2)	Claims for probation or parole violations and contempt actions are considered new cases, and the attorney must submit a copy of an appointment order for these claims. Appointment orders in parole violation cases to which the attorney was appointed on or after May 5, 2005, must also contain the following findings:
	1.	The alleged parole violator requests appointment of counsel;
	2.	The alleged parole violator is indigent as defined in Iowa Code section 815.9;
	3.	The alleged parole violator, because of lack of skill or education, would have difficulty in presenting the alleged violator’s version of a disputed set of facts, particularly when presentation requires the examining or cross-examining of witnesses or the offering or dissecting of complex documentary evidence; and
	4.	The alleged parole violator has a colorable claim that the alleged violation has not been committed, or there are substantial reasons which justify or mitigate the violation and make revocation inappropriate.
	(3)	If the venue is changed in a juvenile case, an order appointing the attorney in the new county must be submitted.
	(4)	An appointment order is not necessary for trial counsel to request or resist an interlocutory appeal or an application for discretionary review.
	(5)	An appointment order is not necessary if the state public defender determines the appointment order is unnecessary.
	c. 	A copy of any application and court order authorizing the attorney to exceed the attorney fee limitations.
	d. 	A copy of any court order that affects the amount to be paid or the client’s right to counsel.
	e. 	An itemization detailing all work performed on the case for which the attorney seeks compensation.
	(1)	The itemization must separately state the date and amount of time spent on each activity. Time may be reported in either tenths or hundreths of an hour on the itemization but must be recorded in tenths of an hour on the claim form. Time listed in hundredths of an hour on the claim form will be reduced to the nearest tenth of an hour.
	(2)	The itemization shall separately designate time claimed for in-court time, out-of-court time, paralegal time and travel time.
	(3)	The itemization must be in chronological order.
	(4)	The itemization must be typed in at least 10-point type on 8½″ × 11″ paper.
	(5)	If the itemization does not indicate the date of the disposition of the case, a copy of the dispositional order must be attached to the claim.
	f. 	If the attorney was privately retained to represent the client prior to appointment, a copy of any representation agreement, written notice of the dollar amount paid to the attorney, and an itemization of services performed and how any funds provided were spent during the period prior to the court appointment. The state public defender will review the amount paid and hours spent before and after the court appointment in determining the appropriate attorney compensation on the claim.
	12.2(2) The state public defender shall forward claims to the department for processing and payment only after all reporting requirements have been complied with and the claim has been approved by the state public defender. Claims returned to the attorney for additional information will be processed after the requested information is received.
	12.2(3) Claims submitted prior to the date of service will be returned to the claimant and may be resubmitted for processing after the date of service.
	12.2(4) Claims for compensation in excess of applicable rates are not payable under the attorney’s appointment and will be reduced.
	12.2(5) Claims for services rendered prior to the effective date of the attorney’s appointment are not payable under the attorney’s appointment, and that portion will be denied.
	12.2(6) For cases to which the attorney is appointed after June 30, 2004, claims that are not timely will be denied. Time billed on claims which are denied, or which could have been denied, pursuant to this subrule may be included in subsequent claims if timely submitted with regard to a subsequent date of service in the same case. For purposes of this subrule, a probation, parole, or contempt proceeding shall not be deemed the “same case” as the underlying proceeding.
	12.2(7) Claims for services that contain charges that are either not reasonable or not appropriate are not payable under the attorney’s appointment and will be denied.
	12.2(8) Claims for clerical activities, overhead, preparation of the fee claim or itemization of services; for obtaining, preparing, or reviewing an application or order to exceed the fee limitations; or for preparation of a motion to review or order and any subsequent hearing for review of an attorney fee claim are not payable under the attorney’s appointment and will be denied.
	12.2(9) Claims for compensation from attorneys whose appointment as counsel or guardian ad litem at the appellate level does not comply with Iowa Code section 814.11 will be denied.
	12.2(10) Claims for compensation from attorneys whose appointment as counsel or guardian ad litem at the trial level was entered on or after July 1, 2009, and received by the state public defender on or after September 15, 2009, will be denied if the appointment does not comply with Iowa Code section 815.10.
	12.2(11) Time and expenses claimed by an attorney in withdrawing from a case, or related to withdrawing from a case, in order to either retire from the practice of law or pursue another job will be denied.
	12.2(12) The following applies to claims by a guardian ad litem for a child who is aged 18 or older and involved in a juvenile court proceeding:
	a. 	The court must enter an order appointing the guardian ad litem for the limited purposes of continuing a relationship with the child and to provide advice to the child relating to the child’s transition plan under Iowa Code section 232.2 beyond the child’s eighteenth birthday.
	b. 	Neither a parent nor guardian of the child in interest is entitled to court-appointed counsel during the post-age 18 transition period.
	c. 	The guardian ad litem appointment shall end by the earlier of an order of the court relieving the guardian ad litem of further duties or an order of the court closing the juvenile court case.
	12.2(13) A court order that affects the amount of a claim and is entered after the date of the state public defender’s action, except following court review as provided in rule 493—12.9(13B,815), is void. See Iowa Code section 13B.4(4).
	12.2(14) Time and expenses claimed by an attorney for representing a parent in a child in need of assistance case or termination of parental rights case for work performed subsequent to the date on which the termination of that parent’s parental rights becomes final, either on appeal or because no appeal was taken, will be denied.
[ARC 8090B, IAB 9/9/09, effective 9/15/09; ARC 8372B, IAB 12/16/09, effective 1/20/10; ARC 9293B, IAB 12/29/10, effective 12/7/10; ARC 9447B, IAB 4/6/11, effective 5/11/11]
493—12.3(13B,815) Interim claims. Claims will be paid at the conclusion of the case unless one of the following applies:
	12.3(1) Juvenile cases. An initial claim for services in a juvenile case may be submitted after the dispositional hearing, if any. Subsequent claims may be submitted after each court hearing held in the case. A court hearing does not include family drug court, staffings or foster care review board hearings.
	12.3(2) Appellate cases. A claim for work performed to date by an attorney having an appellate contract with the state public defender may be submitted in appellate cases after filing of the attorney’s proof brief. A subsequent claim may be submitted at the conclusion of the case.
	12.3(3) Specific cases. Interim claims in Class A felony cases may be submitted once every three months, with the first claim submitted at least 90 days following the effective date of the attorney’s appointment.
	12.3(4) Change of employment. If an attorney is changing law firms, the attorney may submit a claim to end billing at one firm and start billing at the new firm. If payments are to be made to someone other than the law firm which the attorney is leaving, both the attorney and the law firm must advise the state public defender in writing that the attorney is leaving the firm and where the payments should be made.
	12.3(5) Other cases. In all other cases, claims filed prior to the conclusion of the case will not be paid except with consent of the state public defender.
	12.3(6) Approval of interim claims. Approval of any interim claims shall not affect the right of the state public defender to review subsequent claims or the aggregate amount of the claims submitted.
493—12.4(13B,815) Rate of compensation. Unless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 1999, and before July 1, 2006:

Attorney time:	Class A felonies	$60/hour	
 	Class B felonies	$55/hour	
 	All other criminal cases	$50/hour	
 	All other cases	$50/hour	
Paralegal time:	 	$25/hour	
Unless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2006, and before July 1, 2007:

Attorney time:	Class A felonies	$65/hour	
 	All other criminal cases	$60/hour	
 	All other cases	$55/hour	
Paralegal time:	 	$25/hour	
Unless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2007:

Attorney time:	Class A felonies	$70/hour	
 	Class B felonies	$65/hour	
 	All other criminal cases	$60/hour	
 	All other cases	$60/hour	
Paralegal time:	 	$25/hour	
	12.4(1) Applicability to juvenile cases. In a juvenile case to which the attorney was appointed before July 1, 1999, the state public defender will pay the attorney $50 per hour for all services performed following the dispositional hearing or the first regularly scheduled review hearing occurring after June 30, 1999. In a juvenile case to which the attorney was appointed after June 30, 1999, but before July 1, 2006, the state public defender will pay the attorney $55 per hour for all services performed following the dispositional hearing or the first regularly scheduled review hearing occurring after June 30, 2006. In a juvenile case to which the attorney was appointed after June 30, 2006, but before July 1, 2007, the state public defender will pay the attorney $60 per hour for all services performed following the dispositional hearing or the first regularly scheduled review hearing occurring after June 30, 2007. However, the attorney must file separate claims for services before and after said hearing. If a claim is submitted with two hourly rates on it, the claim will be paid at the lower applicable rate.
	12.4(2) Appointments before July 1, 1999. In a case to which the attorney was appointed before July 1, 1999, attorney time shall be paid at a rate that is $5 per hour less than the rates established pursuant to 2000 Iowa Acts, chapter 1115, section 10. Claims for compensation in excess of these rates are not payable under the attorney’s appointment and will be reduced.
	12.4(3) Applicability to appellate contracts. This rule shall not apply to claims from attorneys with appellate contracts with the state public defender.
	12.4(4) All other cases. As used in this rule, the term “all other cases” includes appeals, juvenile cases, contempt actions, representation of material witnesses, and probation/parole violation cases, postconviction relief cases, restitution, extradition, and sentence reconsideration proceedings without regard to the level of the underlying charge.
493—12.5(13B,815) Appellate contracts. Subject to the provisions of this rule, an attorney who has entered into an appellate contract with the state public defender shall be paid pursuant to the terms of this rule for each appellate case to which the attorney is appointed. This rule applies to all appellate contract claims received by the state public defender on or after December 7, 2010.
	12.5(1) Frivolous appeals. In an appeal in which the attorney withdraws from a case either based on a determination that the appeal is frivolous or for any other reason or in which the appeal is dismissed prior to the filing of the attorney’s proof brief, the attorney shall be paid for all reasonable, necessary and appropriate hours claimed on the itemization at the rate of $60 per hour.
	12.5(2) Juvenile cases. For juvenile appeals, the following provisions apply.
	a. 	In a juvenile case in which a petition on appeal is filed, an appointed trial attorney does not need to obtain an appointment order to pursue the petition on appeal. The claim, through the filing of the petition on appeal, must be submitted on a Juvenile form. If an appellate court orders full briefing, subsequent attorney fee claims must be submitted on an Appellate form. Any amount paid on the petition on appeal shall be considered in determining whether the attorney hours claimed on subsequent appellate claims are reasonable and necessary.
	b. 	In an appellate case in which an appointed attorney joins in all or part of the brief of another party, the attorney shall be paid for all reasonable, necessary and appropriate legal services and expenses claimed on the itemization at the rate of $60 per hour.
	12.5(3) Appeals from a guilty plea. Notwithstanding the provisions of subrule 12.2(1), an attorney who has entered into an appellate contract with the state public defender and whose client is appealing from a judgment as the result of a guilty plea need not provide an itemization of legal services provided in the appeal if the amount of the attorney fee portion of the claim is $600 or less. If the amount of the claim is in excess of $600, the attorney must provide an itemization and will be paid for all reasonable, necessary and appropriate legal services claimed on the itemization at the rate of $60 per hour, together with permissible out-of-pocket expenses.
	12.5(4) Appeals from a trial. Notwithstanding the provisions of subrule 12.2(1), an attorney who has entered into an appellate contract with the state public defender and whose client is appealing from a judgment as the result of a jury trial or bench trial need not provide an itemization of legal services provided in the appeal if the amount of the attorney fee portion of the claim is $1,800 or less. If the amount of the claim is in excess of $1,800, the attorney must provide an itemization and will be paid for reasonable, necessary and appropriate legal services claimed on the itemization at the rate of $60 per hour, together with permissible out-of-pocket expenses.
	12.5(5) Applications for further review. In a case in which an application for further review is filed, the attorney will be paid for all reasonable, necessary and appropriate legal services claimed on the itemization at the rate of $60 per hour, together with permissible out-of-pocket expenses.
	12.5(6) Application of fee limitations. The fee limitations and procedures provided in rule 493—12.6(13B,815) have no application to appellate contracts.
[ARC 9293B, IAB 12/29/10, effective 12/7/10; ARC 9447B, IAB 4/6/11, effective 5/11/11]
493—12.6(13B,815) Attorney fee limitations.
	12.6(1) Adult cases. The state public defender establishes attorney fee limitations for combined attorney time and paralegal time for the following categories of adult cases:

Class A felonies	$18,000	 	
Class B felonies	$3,600	 	
Class C felonies	$1,800	 	
Class D felonies	$1,200	 	
Aggravated misdemeanors	$1,200	 	
Serious misdemeanors	$600	 	
Simple misdemeanors	$300	 	
Simple misdemeanor appeals to district court	$300	 	
Contempt/show cause proceedings	$300	 	
Proceedings under Iowa Code chapter 229A	$10,000	 	
Probation/parole violation	$300	 	
Extradition	$300	 	
Postconviction relief—the greater of $1,000 or one-half
of the fee limitation for the conviction from which relief
is sought.	 	
Nothing in this subrule is intended to in any manner diminish, increase, or modify the state public defender’s authority to review any and all claims for services as authorized by the Iowa Code.
The fee limitations are applied separately to each case, as that term is defined in rule 493—7.1(13B,815). If more than one charge is included within a case, the charge with the higher fee limitation will apply to the entire case.
For example, in an adult criminal proceeding, if an attorney were appointed to represent a client charged with four counts of forgery arising at four separate times, and if the client were charged in four separate trial informations, the fee limitations for each charge would apply separately. If all four charges were contained in one trial information, the fee limitation would be $1,200 even if there were more than one separate occurrence. If the attorney were appointed to represent a person charged with a drug offense and failure to possess a tax stamp, the fee limitation would be the limitation for the offense with the higher limitation, not the total of the limitations.
If the Iowa Code section listed on the claim form defines multiple levels of crimes and the claimant does not list the specific level of crime on the claim form, the state public defender will use the least serious level of crime in reviewing the claim.
For example, Iowa Code section 321J.2 defines crimes ranging from a serious misdemeanor to a Class D felony. If the attorney does not designate the subsection defining the level of the crime, the state public defender will deem the charge to be a serious misdemeanor.
	12.6(2) Juvenile cases. The state public defender establishes attorney fee limitations for attorney time for the following categories of juvenile cases:

Delinquency (through disposition)	$1,200	
Child in need of assistance (CINA) (through disposition)	$1,200	
Termination of parental rights (TPR) (through disposition)	$1,800	
Juvenile court review and other postdispositional court hearings	$300	
Judicial bypass hearings	$180	
Juvenile commitment hearings	$180	
Juvenile petition on appeal	$600	
Motion for further review after petition on appeal	$300	
Nothing in this subrule is intended to in any manner diminish, increase, or modify the state public defender’s authority to review any and all claims for services as authorized by the Iowa Code.
The fee limitations are applied separately to each case, as that term is defined in rule 493—7.1(13B,815).
For example, in a juvenile proceeding in which the attorney represents a parent whose four children are the subject of four child in need of assistance petitions, if the court handles all four petitions at the same time or the incident that gave rise to the child in need of assistance action is essentially the same for each child, the fee limitation for the attorney representing the parent is $1,200 for all four proceedings, not $1,200 for each one.
For a child in need of assistance case that becomes a termination of parental rights case, the fee limitations shall apply to each case separately. For example, the attorney could claim up to $1,200 for the child in need of assistance case and up to $1,800 for the termination of parental rights case.
In a delinquency case, if the child has multiple petitions alleging delinquency and the court handles the petitions at the same time, the fee limitation for the proceeding is the fee limitation for one delinquency.
In a juvenile case in which a petition on appeal is filed, the appointed trial attorney does not need to obtain a new appointment order to pursue a petition on appeal. The claim, through the filing of a petition on appeal, must be submitted on a Juvenile form. If an appellate court orders full briefing, the attorney fee claim for services subsequent to an order requiring full briefing must be submitted on an Appellate form and is subject to the rules governing appeals.
	12.6(3) Appellate cases. Except as provided in this subrule, the state public defender establishes an attorney fee limitation of $2,400 for all reasonable, necessary, and appropriate legal services in appellate cases filed with the Iowa supreme court.
	a. 	In an appeal to which the attorney was appointed after June 30, 1999, and before July 1, 2006, in which the attorney withdraws based on a determination that the appeal is frivolous or in which the appeal is dismissed prior to the filing of the attorney’s proof brief, the attorney shall be paid at the rate of $50 per hour, with an attorney fee limitation of $1,000. In an appeal to which the attorney was appointed after June 30, 2006, and before July 1, 2007, in which the attorney withdraws based on a determination that the appeal is frivolous or in which the appeal is dismissed prior to the filing of the attorney’s proof brief, the attorney shall be paid at the rate of $55 per hour, with an attorney fee limitation of $1,100. In an appeal to which the attorney was appointed after June 30, 2007, in which the attorney withdraws based on a determination that the appeal is frivolous or in which the appeal is dismissed prior to the filing of the attorney’s proof brief, the attorney shall be paid at the rate of $60 per hour, with an attorney fee limitation of $1,200.
	b. 	In an appellate case to which the attorney was appointed after June 30, 1999, and before July 1, 2006, in which an appointed attorney joins in all or part of the brief of another party, the attorney shall be paid at the rate of $50 per hour, with an attorney fee limitation of $500. In an appellate case to which the attorney was appointed after June 30, 2006, and before July 1, 2007, in which an appointed attorney joins in all or part of the brief of another party, the attorney shall be paid at the rate of $55 per hour, with an attorney fee limitation of $550. In an appellate case to which the attorney was appointed after June 30, 2007, in which an appointed attorney joins in all or part of the brief of another party, the attorney shall be paid at the rate of $60 per hour, with an attorney fee limitation of $600.
	c. 	In a juvenile case in which a petition on appeal is filed, an appointed trial attorney does not need to obtain an appointment order to pursue the petition on appeal. The claim, through the filing of the petition on appeal, must be submitted on a Juvenile form. If an appellate court orders full briefing, subsequent attorney fee claims must be submitted on an Appellate form. Any amount paid on the petition on appeal shall be considered in determining whether subsequent appellate claims exceed the fee limitations.
This subrule does not apply to appellate cases to which an attorney with an appellate contract with the state public defender is appointed. See rule 493—12.5(13B,815).
	12.6(4) Claims in excess of fee limitations. A claim in excess of the attorney fee limitations will not be paid unless the attorney seeks and obtains authorization from the appointing court to exceed the attorney fee limitations prior to exceeding the attorney fee limitations. If authorization is granted, payment in excess of the attorney fee limitations shall be made only for services performed after the date of submission of the request for authorization.
	12.6(5) Retroactivity of authorization. Authorization to exceed the attorney fee limitations shall be effective only as to services performed after a request for authorization to exceed the attorney fee limitations is filed with the court unless the court enters an order before submission of the claim to the state public defender specifically authorizing a late filing of the application and finding that good cause exists excusing the attorney’s failure to file the application prior to the attorney’s exceeding the attorney fee limitations. “Good cause” as used in this subrule means a sound, effective and truthful reason. “Good cause” is more than an excuse, plea, apology, extenuation, or some justification. Inadvertence or oversight does not constitute good cause. Retroactive court orders entered after the date of the state public defender’s action on a claim are void. See Iowa Code section 13B.4(4).
[ARC 9293B, IAB 12/29/10, effective 12/7/10; ARC 9447B, IAB 4/6/11, effective 5/11/11]
493—12.7(13B,815) Reimbursement for specific expenses.
	12.7(1) The state public defender shall reimburse the attorney for the payments made by the attorney for necessary certified shorthand reporters, investigators, foreign language interpreters, evaluations, and experts, if the following conditions are met:
	a. 	The attorney obtained court approval for a certified shorthand reporter, investigator, foreign language interpreter, evaluation or expert prior to incurring any expenses with regard to each.
	b. 	A copy of the application and order granting authority accompanies the claim.
	c. 	The certified shorthand reporter, investigator, foreign language interpreter, provider of an evaluation or expert does not submit a claim for the same services.
	d. 	The attorney is seeking reimbursement for moneys already expended or certifies that the funds for these services will be used to pay for the certified shorthand reporter, investigator, foreign language interpreter, evaluation, or expert.
	e. 	A copy of the court order authorizing the expense is attached to the claim.
	f. 	In claims for services of investigators, foreign language interpreters, or experts, a copy of a court order setting the maximum dollar amount of the claim is attached to the claim.
	g. 	In claims for the cost of an evaluation requested by an appointed attorney, the attorney will be reimbursed for the reasonable cost of an evaluation of the client to establish a defense in the case or to determine if the client is competent to stand trial. In either instance, a copy of the court order authorizing the evaluation for one of these specific purposes and an order approving the amount of the evaluation must accompany the claim form. Claims for the cost of an evaluation to be used for any other purpose, such as sentencing or placement, will not be reimbursed.
	12.7(2) Nothing contained in this rule is intended to require the attorney to provide notice to any other party prior to seeking such an order or to require the attorney to disclose confidential information, work product, or trial strategy in order to obtain the order.
	12.7(3) In an appeal, the state public defender will pay the cost of obtaining the transcript of the trial records and briefs. In such instance, paragraphs 12.7(1)“b” to “d” shall apply.
	12.7(4) Claims for expenses that do not meet these conditions are not payable under the attorney’s appointment and will be denied.
493—12.8(13B,815) Reimbursement of other expenses.
	12.8(1) The state public defender shall reimburse the attorney for the following out-of-pocket expenses incurred by the attorney in the case to the extent that the expenses are reasonable and necessary:
	a. 	Mileage for automobile travel at the rate of 35 cents per mile. The number of miles driven must be listed in the itemization of services and on the claim form. Other forms of transportation costs incurred by the attorney will be reimbursed with prior approval from the state public defender.
	b. 	The actual cost of lodging, limited by the state-approved rate, is reimbursed only if the attorney is entitled to be paid for travel time for the travel associated with the lodging and the attorney is required to be away from home overnight.
	c. 	The actual cost of meals, limited by the state-approved rate, is reimbursed only if the attorney is entitled to be paid for travel time for the travel associated with these meals.
	d. 	Necessary photocopying at the attorney’s office at the rate of 10 cents per copy. The number of copies made must be listed in the itemization of services or on the claim form.
	e. 	Ordinary and necessary postage, toll calls, collect calls, and parking for the actual cost of these expenses. Toll and collect calls will be reimbursed at 10 cents per minute or the actual cost. A receipt for the actual cost must be attached to the claim form. A statement from a correctional facility or jail detailing a standard rate for such calls shall constitute a receipt for purposes of this paragraph. For parking in excess of $2, a receipt must be attached to the claim form. Claims for the cost of a parking ticket will be denied.
	f. 	Receiving faxes in the attorney’s office at the rate of 10 cents per page. There is no direct cost reimbursement for sending a fax unless there is a toll charge associated with it.
	g. 	The actual cost of photocopying or faxing for which the attorney must pay an outside vendor. A receipt for the actual cost must be attached to the claim form.
	h. 	Other claims for expenses such as process service, medical records, videotapes and film will be reimbursed for the actual cost. A receipt or invoice from an outside vendor must be attached to the claim form.
	i. 	Other specific expenses for which prior approval by the state public defender is obtained.
	12.8(2) Claims for expenses other than those listed in this rule or at rates in excess of the rates set forth in this rule are not payable under the attorney’s appointment and will be reduced or denied.
493—12.9(13B,815) Court review. An attorney 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.
	12.9(1) Motions for court review. Court review of the action of the state public defender is initiated by the filing of 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. This time limit is jurisdictional and will not be extended by the filing of another claim or obtaining a court order affecting the amount of the claim.
	b. 	The motion must set forth each and every ground on which the attorney 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 attorney seeks to have reviewed.
	d. 	A copy of all documents filed must be provided to the state public defender.
	e. 	It is unnecessary for the state public defender to file any response to the motion.
	12.9(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 attorney’s request for review shall be provided to the attorney 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 appears or 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. If the attorney intends to participate by telephone, the attorney shall notify the state public defender of this intent and provide a telephone number for the hearing at least two business days prior to the date scheduled for the hearing.
	c. 	The burden shall be on the attorney requesting the review.
	d. 	The court shall consider only the issues raised in the attorney’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 modifying the state public defender’s action on the claim, the attorney must file a new claim with the state public defender within 45 days of the date of the court’s order modifying the state public defender’s action on the claim. 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.
	12.9(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—12.10(13B,815) Payment errors. If an error resulting in an overpayment or double payment of a claim is discovered, the claimant shall notify the clerk of court of the error and shall reimburse the department for the amount of the overpayment. An overpayment that is returned to the department shall be paid by check made payable to the “Treasurer, State of Iowa” and mailed to the Department of Inspections and Appeals, Indigent Defense Unit, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319. The attorney is responsible for notifying the clerk of court of any payment error.
These rules are intended to implement Iowa Code chapters 13B and 815.
[Filed emergency 6/10/99—published 6/30/99, effective 7/1/99]
[Filed 10/26/99, Notice 6/30/99—published 11/17/99, effective 12/22/99]
[Filed 1/31/02, Notice 12/26/01—published 2/20/02, effective 4/1/02]
[Filed emergency 8/5/02—published 9/4/02, effective 8/5/02]
[Filed 1/15/03, Notice 9/4/02—published 2/5/03, effective 3/12/03]
[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 emergency 5/25/05—published 6/22/05, effective 5/25/05]
[Filed 7/27/05, Notice 6/22/05—published 8/17/05, effective 10/15/05]
[Filed emergency 9/6/05—published 9/28/05, effective 9/6/05]
[Filed 11/7/05, Notice 9/28/05—published 12/7/05, effective 1/11/06]
[Filed 1/13/06, Notice 10/26/05—published 2/1/06, effective 3/8/06]
[Filed emergency 5/23/06—published 6/21/06, effective 7/1/06]
[Filed 8/11/06, Notice 6/21/06—published 8/30/06, effective 10/4/06]
[Filed 12/13/06, Notice 11/8/06—published 1/3/07, effective 2/7/07]
[Filed emergency 6/15/07—published 7/4/07, effective 7/1/07]
[Filed 8/8/07, Notice 7/4/07—published 8/29/07, effective 10/3/07]
[Filed emergency 2/1/08—published 2/27/08, effective 2/1/08]
[Filed 4/3/08, Notice 2/27/08—published 4/23/08, effective 5/28/08]◊
[Filed Emergency ARC 8090B, IAB 9/9/09, effective 9/15/09]
[Filed ARC 8372B (Notice ARC 8091B, IAB 9/9/09), IAB 12/16/09, effective 1/20/10]
[Filed Emergency ARC 9293B, IAB 12/29/10, effective 12/7/10]
[Filed ARC 9447B (Notice ARC 9294B, IAB 12/29/10), IAB 4/6/11, effective 5/11/11]
◊	Two or more ARCs
1	12/29/04 effective date delayed 70 days by the Administrative Rules Review Committee at its meeting held 12/14/04.