House Study Bill 1 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON SWAIM)


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the hourly reimbursement rate of attorneys
  2    representing indigent persons.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1324HC 82
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 815.7, Code 2007, is amended to read as
  1  2 follows:
  1  3    815.7  FEES TO ATTORNEYS.
  1  4    1.  An attorney who has not entered into a contract
  1  5 authorized under section 13B.4 and who is appointed by the
  1  6 court to represent any person pursuant to section 814.11 or
  1  7 815.10 shall be entitled to reasonable compensation and
  1  8 expenses.
  1  9    2.  For appointments made on or after July 1, 1999, through
  1 10 June 30, 2006, the reasonable compensation shall be calculated
  1 11 on the basis of sixty dollars per hour for class "A" felonies,
  1 12 fifty=five dollars per hour for class "B" felonies, and fifty
  1 13 dollars per hour for all other cases.
  1 14    3.  For appointments made on or after July 1, 2006, through
  1 15 June 30, 2007, the reasonable compensation shall be calculated
  1 16 on the basis of sixty=five dollars per hour for class "A"
  1 17 felonies, sixty dollars per hour for all other felonies, sixty
  1 18 dollars per hour for misdemeanors, and fifty=five dollars per
  1 19 hour for all other cases.
  1 20    4.  For appointments made on or after July 1, 2007, the
  1 21 reasonable compensation shall be calculated on the basis of
  1 22 seventy dollars per hour for class "A" felonies, sixty=five
  1 23 dollars per hour for class "B" felonies, and sixty dollars per
  1 24 hour for all other cases.
  1 25    5.  The expenses shall include any sums as are necessary
  1 26 for investigations in the interest of justice, and the cost of
  1 27 obtaining the transcript of the trial record and briefs if an
  1 28 appeal is filed.  The attorney need not follow the case into
  1 29 another county or into the appellate court unless so directed
  1 30 by the court.  If the attorney follows the case into another
  1 31 county or into the appellate court, the attorney shall be
  1 32 entitled to compensation as provided in this section.  Only
  1 33 one attorney fee shall be so awarded in any one case except
  1 34 that in class "A" felony cases, two may be authorized.
  1 35                           EXPLANATION
  2  1    This bill relates to the hourly reimbursement rate for an
  2  2 attorney representing indigent persons.
  2  3    The bill raises the hourly rate from $65 to $70 for class
  2  4 "A" felonies, $60 to $65 for class "B" felonies, and maintains
  2  5 the hourly rate for all other felonies and misdemeanors at
  2  6 $60.  The bill also raises the hourly rate for all other cases
  2  7 requiring attorney representation from $55 to $60.
  2  8 LSB 1324HC 82
  2  9 jm:rj/gg/14