Senate File 2217 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2217
  1  2
  1  3                             AN ACT
  1  4 RELATING TO PROVIDING LEGAL REPRESENTATION TO AN ELIGIBLE
  1  5    INDIGENT PERSON AND THE APPOINTMENT OF A GUARDIAN AD LITEM.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 13B.4, subsection 2, Code Supplement
  1 10 2007, is amended to read as follows:
  1 11    2.  The state public defender shall file a notice with the
  1 12 clerk of the district court in each county served by a public
  1 13 defender designating which public defender office shall
  1 14 receive notice of appointment of cases.  The state public
  1 15 defender may also designate a nonprofit organization which has
  1 16 a contract with the state public defender to provide legal
  1 17 services to eligible indigent persons prior to July 1, 2004.
  1 18 Except as otherwise provided, in.  In each county in which the
  1 19 state public defender files a designation, the state public
  1 20 defender's designee shall be appointed by the court to
  1 21 represent all eligible indigents persons or to serve as
  1 22 guardian ad litem for eligible children in juvenile court in
  1 23 all of the cases and proceedings specified in the designation.
  1 24 The appointment shall not be made if the state public defender
  1 25 notifies the court that the state public defender defender's
  1 26 designee will not provide legal representation services in
  1 27 certain cases as identified in the designation by the state
  1 28 public defender.
  1 29    Sec. 2.  Section 13B.9, subsection 1, paragraph c, Code
  1 30 2007, is amended by striking the paragraph and inserting in
  1 31 lieu thereof the following:
  1 32    c.  Serve as guardian ad litem for each child in all cases
  1 33 in which the local public defender office is the state public
  1 34 defender's designee.  The local public defender shall be
  1 35 responsible for determining who shall perform the duties of
  2  1 the guardian ad litem as defined in section 232.2 and shall be
  2  2 responsible for assuring the court that the duties of the
  2  3 guardian ad litem have been fulfilled.
  2  4    Sec. 3.  Section 13B.9, subsection 4, Code 2007, is amended
  2  5 to read as follows:
  2  6    4.  a.  If a conflict of interest arises or if the local
  2  7 public defender is unable to handle a case because of a
  2  8 temporary overload of cases, the local public defender shall
  2  9 return the case to the court.  If the case is returned and the
  2 10 state public defender has filed a successor designation, the
  2 11 court shall appoint the successor designee.  If there is no
  2 12 successor designee on file, the court shall make the
  2 13 appointment pursuant to section 815.10.  As used in this
  2 14 subsection, "successor designee" may include another local
  2 15 public defender office or a nonprofit organization that has
  2 16 contracted with the state public defender under section 13B.4,
  2 17 subsection 3.
  2 18    b.  If a conflict of interest arises in any case,
  2 19 subsection 1 does not affect the local public defender's
  2 20 obligation to withdraw as counsel or as guardian ad litem.
  2 21    Sec. 4.  Section 814.11, subsection 2, Code 2007, is
  2 22 amended to read as follows:
  2 23    2.  If the appeal involves an indictable offense or denial
  2 24 of postconviction relief, the appointment shall be made to the
  2 25 state appellate defender unless the state appellate defender
  2 26 notifies the court that the state appellate defender is unable
  2 27 to handle the case due to a conflict of interest or because of
  2 28 a temporary overload of cases.
  2 29    Sec. 5.  Section 814.11, Code 2007, is amended by adding
  2 30 the following new subsection:
  2 31    NEW SUBSECTION.  2A.  In a juvenile case in which a
  2 32 petition on appeal is required, the trial attorney shall
  2 33 continue representation throughout the appeal without an
  2 34 additional appointment order unless the court grants the
  2 35 attorney permission to withdraw from the case.
  3  1    Sec. 6.  Section 814.11, subsections 3 and 4, Code 2007,
  3  2 are amended to read as follows:
  3  3    3.  If the state appellate defender is unable to handle the
  3  4 case or withdraws from the case, or if the appeal is other
  3  5 than an indictable offense or denial of postconviction relief
  3  6 or if the state appellate defender is unable to handle the
  3  7 case, including a juvenile case in which a petition on appeal
  3  8 is not required or a juvenile case in which the trial attorney
  3  9 has withdrawn from the case, the court shall appoint an
  3 10 attorney who has a contract with the state public defender to
  3 11 handle such an appeal.
  3 12    4.  If the court determines that no contract attorney is
  3 13 available to handle the appeal, the court may appoint a
  3 14 noncontract attorney, if the state public defender consents to
  3 15 the appointment of the noncontract attorney.  The order of
  3 16 appointment shall include a specific finding that no contract
  3 17 attorney was is available and the state public defender
  3 18 consents to the appointment.
  3 19    Sec. 7.  Section 815.10A, subsection 2, Code 2007, is
  3 20 amended to read as follows:
  3 21    2.  Claims for compensation and reimbursement submitted by
  3 22 an attorney appointed after June 30, 2004, are not considered
  3 23 timely unless the claim is submitted to the state public
  3 24 defender within forty=five days of the a withdrawal order,
  3 25 sentencing, acquittal, or dismissal of, whichever is earliest,
  3 26 in a criminal case or the withdrawal order, final ruling, or
  3 27 dismissal of, whichever is earliest, in any other type of
  3 28 case.
  3 29    Sec. 8.  Section 815.11, Code Supplement 2007, is amended
  3 30 to read as follows:
  3 31    815.11  APPROPRIATIONS FOR INDIGENT DEFENSE == FUND
  3 32 CREATED.
  3 33    Costs incurred for legal representation by a
  3 34 court=appointed attorney under chapter 229A, 665, 822, or 908,
  3 35 or section 232.141, subsection 3, paragraph "d", or section
  4  1 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
  4  2 815.10 on behalf of an indigent shall be paid from moneys
  4  3 appropriated by the general assembly to the office of the
  4  4 state public defender in the department of inspections and
  4  5 appeals and deposited in an account to be known as the
  4  6 indigent defense fund.  Costs incurred representing an
  4  7 indigent defendant in a contempt action, or representing an
  4  8 indigent juvenile in a juvenile court proceeding under chapter
  4  9 600, are also payable from the fund.  However, costs incurred
  4 10 in any administrative proceeding or in any other proceeding
  4 11 under this chapter or chapter 598, 600, 600A, 633, 633A, 814,
  4 12 or 915 or other provisions of the Code or administrative rules
  4 13 are not payable from the fund.
  4 14
  4 15
  4 16                                                             
  4 17                               JOHN P. KIBBIE
  4 18                               President of the Senate
  4 19
  4 20
  4 21                                                             
  4 22                               PATRICK J. MURPHY
  4 23                               Speaker of the House
  4 24
  4 25    I hereby certify that this bill originated in the Senate and
  4 26 is known as Senate File 2217, Eighty=second General Assembly.
  4 27
  4 28
  4 29                                                             
  4 30                               MICHAEL E. MARSHALL
  4 31                               Secretary of the Senate
  4 32 Approved                , 2008
  4 33
  4 34
  4 35                                
  5  1 CHESTER J. CULVER
  5  2 Governor