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