Senate Study Bill 3076
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
INSPECTIONS AND APPEALS
BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to providing legal representation to an eligible
2 indigent person and the appointment of a guardian ad litem.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 13B.4, subsection 2, Code Supplement
1 2 2007, is amended to read as follows:
1 3 2. The state public defender shall file a notice with the
1 4 clerk of the district court in each county served by a public
1 5 defender designating which public defender office shall
1 6 receive notice of appointment of cases. The state public
1 7 defender may also designate a nonprofit organization which has
1 8 a contract with the state public defender to provide legal
1 9 services to eligible indigent persons prior to July 1, 2004.
1 10 Except as otherwise provided, in. In each county in which the
1 11 state public defender files a designation, the state public
1 12 defender's designee shall be appointed by the court to
1 13 represent all eligible indigents persons or to serve as
1 14 guardian ad litem for eligible children in juvenile court in
1 15 all of the cases and proceedings specified in the designation.
1 16 The appointment shall not be made if the state public defender
1 17 notifies the court that the state public defender defender's
1 18 designee will not provide legal representation services in
1 19 certain cases as identified in the designation by the state
1 20 public defender.
1 21 Sec. 2. Section 13B.9, subsection 1, paragraph c, Code
1 22 2007, is amended by striking the paragraph and inserting in
1 23 lieu thereof the following:
1 24 c. Serve as guardian ad litem for each child in all cases
1 25 in which the local public defender office is the state public
1 26 defender's designee. The local public defender shall be
1 27 responsible for determining who shall perform the duties of
1 28 the guardian ad litem as defined in section 232.2 and shall be
1 29 responsible for assuring the court that the duties of the
1 30 guardian ad litem have been fulfilled.
1 31 Sec. 3. Section 814.11, subsection 2, Code 2007, is
1 32 amended to read as follows:
1 33 2. If the appeal involves an indictable offense or denial
1 34 of postconviction relief, the appointment shall be made to the
1 35 state appellate defender unless the state appellate defender
2 1 is unable to handle withdraws from the case due to a conflict
2 2 of interest or because of a temporary overload of cases.
2 3 Sec. 4. Section 814.11, Code 2007, is amended by adding
2 4 the following new subsection:
2 5 NEW SUBSECTION. 2A. In a juvenile proceeding the trial
2 6 attorney representing the juvenile shall be responsible for
2 7 filing any petition on appeal.
2 8 Sec. 5. Section 814.11, subsections 3 and 4, Code 2007,
2 9 are amended to read as follows:
2 10 3. If the appeal is other than an indictable offense or
2 11 denial of postconviction relief, including juvenile cases in
2 12 which a full brief is required or ordered, or if the state
2 13 appellate defender is unable to handle the case, the court
2 14 shall appoint an attorney who has a contract with the state
2 15 public defender to handle such an appeal.
2 16 4. If the court determines that no contract attorney is
2 17 available to handle the appeal, the court may appoint a
2 18 noncontract attorney, if the state public defender consents to
2 19 the appointment of the noncontract attorney. The order of
2 20 appointment shall include a specific finding that no contract
2 21 attorney was is available and the state public defender
2 22 consents to the appointment.
2 23 Sec. 6. Section 815.10A, subsection 2, Code 2007, is
2 24 amended to read as follows:
2 25 2. Claims for compensation and reimbursement submitted by
2 26 an attorney appointed after June 30, 2004, are not considered
2 27 timely unless the claim is submitted to the state public
2 28 defender within forty=five days of the a withdrawal order,
2 29 sentencing, acquittal, or dismissal of, whichever is earliest,
2 30 in a criminal case or the withdrawal order, final ruling, or
2 31 dismissal of, whichever is earliest, in any other type of
2 32 case.
2 33 Sec. 7. Section 815.11, Code Supplement 2007, is amended
2 34 to read as follows:
2 35 815.11 APPROPRIATIONS FOR INDIGENT DEFENSE == FUND
3 1 CREATED.
3 2 Costs incurred for legal representation by a
3 3 court=appointed attorney under chapter 229A, 665, 822, or 908,
3 4 or section 232.141, subsection 3, paragraph "d", or section
3 5 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
3 6 815.10 on behalf of an indigent shall be paid from moneys
3 7 appropriated by the general assembly to the office of the
3 8 state public defender in the department of inspections and
3 9 appeals and deposited in an account to be known as the
3 10 indigent defense fund. Costs incurred by a court=appointed
3 11 attorney representing an indigent defendant in a contempt
3 12 action, or representing an indigent juvenile in a juvenile
3 13 court proceeding under chapter 600, are also payable from the
3 14 fund. However, costs incurred in any administrative
3 15 proceeding or in any other proceeding under this chapter or
3 16 chapter 598, 600, 600A, 633, 633A, 814, or 915 or other
3 17 provisions of the Code or administrative rules are not payable
3 18 from the fund.
3 19 EXPLANATION
3 20 This bill relates to providing legal representation to an
3 21 eligible indigent person and to the appointment of a guardian
3 22 ad litem.
3 23 The bill authorizes the state public defender to contract
3 24 with additional nonprofit organizations to provide legal
3 25 services to eligible indigent persons.
3 26 The bill strikes provisions requiring the local public
3 27 defender to make an annual report to the state public
3 28 defender. The bill also requires the local public defender to
3 29 serve as guardian ad litem for each child in all cases in
3 30 which the local public defender office is the state public
3 31 defender's designee. The bill also provides that the local
3 32 public defender shall be responsible for determining who shall
3 33 serve as the guardian ad litem and shall be responsible for
3 34 assuring the court that the duties of the guardian ad litem
3 35 have been fulfilled.
4 1 The bill provides that the state appellate defender shall
4 2 be appointed to represent an indigent person on appeal unless
4 3 the state appellate defender withdraws from the case.
4 4 The bill makes the trial attorney representing a juvenile
4 5 in juvenile court responsible for filing any petition on
4 6 appeal.
4 7 In appeals from juvenile court where a full brief is
4 8 required or ordered, the bill requires the court to appoint an
4 9 attorney who has a contract with the state public defender if
4 10 the state appellate defender is unable to handle the case.
4 11 If the court determines that no contract attorney is
4 12 available to handle an appeal, the court may appoint a
4 13 noncontract attorney to handle the appeal, if the state public
4 14 defender consents to the appointment.
4 15 Under the bill, a claim for compensation and reimbursement
4 16 for representation of an indigent person in a case is not
4 17 timely unless the claim is filed within 45 days of the
4 18 withdrawal order, sentencing, acquittal, or dismissal,
4 19 whichever is earliest, in a criminal case, or the withdrawal
4 20 order, final ruling, or dismissal, whichever is earliest, in
4 21 any other type of case.
4 22 The bill strikes the provision from Code section 815.11
4 23 which permits payments from the indigent defense fund to an
4 24 attorney representing a juvenile in an adoption proceeding
4 25 pursuant to Code chapter 600.
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