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]