House File 678 - Introduced
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the approval of attorney fees when
2 representing an indigent person.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2558HH 81
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PAG LIN
1 1 Section 1. Section 13B.4, subsection 4, Code 2005, is
1 2 amended by striking the subsection and inserting in lieu
1 3 thereof the following:
1 4 4. The state public defender is authorized to establish
1 5 fee limitations for particular categories of cases and shall
1 6 review any claim made for payment of indigent defense costs.
1 7 The state public defender may take the following action if the
1 8 state public defender determines the claim is excessive:
1 9 a. If the claim is from a noncontract attorney, the state
1 10 public defender shall request a review by the court granting
1 11 the claim as to the reasonableness of the claim within thirty
1 12 days of receipt of the claim.
1 13 b. If the claim is from a contract attorney, the state
1 14 public defender shall request a review by the appointing court
1 15 as to the reasonableness of the claim within thirty days of
1 16 receipt of the claim.
1 17 Sec. 2. Section 13B.4, subsection 5, Code 2005, is amended
1 18 by striking the subsection.
1 19 Sec. 3. Section 22.7, subsection 45, Code 2005, is amended
1 20 to read as follows:
1 21 45. Information provided to the court and state public
1 22 defender pursuant to section 13B.4, subsection 5; section
1 23 814.11, subsection 6;, or section 815.10, subsection 5.
1 24 Sec. 4. Section 815.7, Code 2005, is amended to read as
1 25 follows:
1 26 815.7 FEES TO ATTORNEYS.
1 27 An attorney who has not entered into a contract authorized
1 28 under section 13B.4 and who is appointed by the court to
1 29 represent any person charged with a crime in this state,
1 30 seeking postconviction relief, against whom a contempt action
1 31 is pending, appealing a criminal conviction, appealing a
1 32 denial of postconviction relief, or subject to a proceeding
1 33 under section 811.1A or chapter 229A or 812, or to serve as
1 34 counsel for any person or guardian ad litem for any child in
1 35 juvenile court, shall be entitled to reasonable compensation
2 1 and expenses. The compensation and expenses shall be the
2 2 ordinary and customary charges for like services in the
2 3 community to be decided in each case by a judge of the
2 4 district court or juvenile court, as applicable, including a
2 5 sum the court determines is necessary for an investigation.
2 6 In the event of an appeal, the court shall approve any claim
2 7 for the cost of obtaining the transcript of the trial and the
2 8 printing of the trial record and for the preparation of any
2 9 briefs. For appointments made on or after July 1, 1999, the
2 10 reasonable compensation shall be calculated on the basis of
2 11 sixty dollars per hour for class "A" felonies, fifty=five
2 12 dollars per hour for class "B" felonies, and fifty dollars per
2 13 hour for all other cases. The expenses shall include any sums
2 14 as are necessary for investigations in the interest of
2 15 justice, and the cost of obtaining the transcript of the trial
2 16 record and briefs if an appeal is filed. The attorney need
2 17 not follow the case into another county or into the appellate
2 18 court unless so directed by the court. If the attorney
2 19 follows the case into another county or into the appellate
2 20 court, the attorney shall be entitled to compensation as
2 21 provided in this section. Only one attorney fee shall be so
2 22 awarded in any one case except that in class "A" felony cases,
2 23 two may be authorized.
2 24 Sec. 5. Section 815.10A, Code 2005, is amended to read as
2 25 follows:
2 26 815.10A CLAIMS FOR COMPENSATION AND EXPENSE REIMBURSEMENT.
2 27 1. An attorney other than a public defender who has been
2 28 appointed by the court under this chapter must submit a claim
2 29 to the state public defender court for compensation and
2 30 reimbursement of expenses incurred in the representation of an
2 31 indigent person. After obtaining approval from the court, the
2 32 attorney must submit the claim to the state public defender in
2 33 order to receive compensation and reimbursement of expenses.
2 34 2. Claims for compensation and reimbursement submitted by
2 35 an attorney appointed after June 30, 2004, after approval by
3 1 the court are not considered timely unless the claim is
3 2 submitted to the state public defender within forty=five days
3 3 of the sentencing, acquittal, or dismissal of a criminal case
3 4 or the final ruling or dismissal of any other type of case.
3 5 3. An attorney shall obtain court approval prior to
3 6 exceeding the fee limitations established by the state public
3 7 defender pursuant to section 13B.4. An attorney may exceed
3 8 the fee limitations if good cause for exceeding the fee
3 9 limitations is shown. An attorney may obtain court approval
3 10 after exceeding the fee limitations if good cause excusing the
3 11 attorney's failure to seek approval prior to exceeding the fee
3 12 limitations is shown. However, failure to file an application
3 13 to exceed a fee limitation prior to exceeding the fee
3 14 limitation does not constitute good cause. The order
3 15 approving an application to exceed the fee limitations shall
3 16 be effective from the date of filing the application unless
3 17 the court order provides an alternative effective date. The
3 18 application and the court order approving the application to
3 19 exceed fee limitations and any other order affecting the
3 20 amount of compensation or reimbursement shall be submitted
3 21 with any claim for compensation.
3 22 4. If the information is not submitted as required under
3 23 this section and under the rules of the state public defender,
3 24 the claim for compensation may be denied until the information
3 25 is provided. Upon receipt of the required information, a
3 26 valid claim, the state public defender may shall approve
3 27 reasonable and necessary compensation, as provided for in the
3 28 administrative rules and the law.
3 29 EXPLANATION
3 30 This bill relates to the approval of attorney fees when
3 31 representing an indigent person.
3 32 The bill provides that the court shall approve any court=
3 33 appointed attorney fees rather than the state public defender.
3 34 Under the bill, if the state public defender disputes a claim
3 35 submitted by an attorney, the state public defender shall
4 1 request a review by the court granting the claim as to the
4 2 reasonableness of the claim within 30 days of receipt of the
4 3 claim. Current law permits the state public defender to deny
4 4 a claim pursuant to Code section 13B.4, subsection 4,
4 5 paragraph "b".
4 6 The bill retains a provision requiring the state public
4 7 defender to establish fee limitations for particular
4 8 categories of cases and the hourly rate a court=appointed
4 9 attorney can charge in a particular case remains in effect
4 10 under Code section 815.7.
4 11 The bill provides that upon the receipt of a valid claim by
4 12 an attorney, the state public defender shall approve
4 13 reasonable compensation for that attorney.
4 14 LSB 2558HH 81
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