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:
  4 TLSB 5472DP 82
  5 jm/rj/5

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.
  4 26 LSB 5472DP 82
  4 27 jm/rj/5.1