H.F. 602 Section 1. Section 13B.4, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. The state public defender may contract with persons 3 admitted to practice law in this state and nonprofit 4 organizations employing persons admitted to practice law in 5 this state for the provision of legal services to indigent 6 persons. Such contract may provide that the person or 7 nonprofit organization shall be paid on a basis other than an 8 hourly rate for the person’s or nonprofit organization’s legal 9 services, including but not limited to a fixed rate per case 10 or fixed rate per month basis. 11 Sec. 2. Section 13B.4, subsection 4, paragraph a, Code 2011, 12 is amended to read as follows: 13 a. The state public defender shall establish fee limitations 14 for particular categories of cases. The fee limitations shall 15 be reviewed at least every three years. In establishing and 16 reviewing the fee limitations, the state public defender shall 17 consider public input during the establishment and review 18 process, and any available information regarding ordinary 19 and customary charges for like services; the number of cases 20 in which legal services to indigents are anticipated; the 21 seriousness of the charge; an appropriate allocation of 22 resources among the types of cases; experience with existing 23 hourly or fixed rates, claims, and fee limitations; and any 24 other factors determined to be relevant. 25 Sec. 3. Section 600A.6B, Code 2011, is amended to read as 26 follows: 27 600A.6B Payment of attorney fees. 28 1. A person filing a petition for termination of parental 29 rights under this chapter or the person on whose behalf the 30 petition is filed shall be responsible for the payment of 31 reasonable attorney fees for counsel appointed pursuant to 32 section 600A.6A unless the one of the following conditions 33 exists: 34 a. The person filing the petition is a private child-placing 35 -1- LSB 1117HV (2) 84 pf/nh 1/ 4

H.F. 602 agency as defined in section 238.1 or unless the . 1 b. The court determines that the person filing the petition 2 or the person on whose behalf the petition is filed is 3 indigent . 4 c. The person filing the petition or the person on whose 5 behalf the petition is filed is exempt pursuant to subsection 6 3 . 7 2. If the person filing the petition is a private 8 child-placing agency as defined in section 238.1 or if the 9 person filing the petition or the person on whose behalf the 10 petition is filed is indigent, the appointed attorney shall be 11 paid reasonable attorney fees as determined by the state public 12 defender. 13 3. If counsel is appointed pursuant to section 600A.6A for 14 hearings or proceedings connected with a request for vacation 15 or appeal of a termination order issued under section 600A.9, 16 subsection 1, paragraph “b” , the person who filed the petition 17 for termination of parental rights or the person on whose 18 behalf the petition was filed shall not be responsible for the 19 payment of reasonable attorney fees for such counsel. Instead, 20 the counsel appointed pursuant to section 600A.6A shall be paid 21 reasonable attorney fees as determined by the state public 22 defender and in accordance with subsection 4. 23 3. 4. The state public defender shall review all the claims 24 submitted under this section and shall have the same authority 25 with regard to the payment of these claims as the state public 26 defender has with regard to claims submitted under chapters 13B 27 and 815 , including the authority to adopt rules concerning the 28 review and payment of claims submitted. 29 Sec. 4. Section 814.11, subsections 2 and 4, Code 2011, are 30 amended to read as follows: 31 2. a. If the appeal involves an indictable offense or 32 denial of postconviction relief, the appointment shall be made 33 to the state appellate defender unless the state appellate 34 defender notifies the court that the state appellate defender 35 -2- LSB 1117HV (2) 84 pf/nh 2/ 4

H.F. 602 is unable to handle the case. 1 b. If the state appellate defender is unable to handle the 2 case, the state appellate defender may transfer the case to the 3 state public defender or to an attorney who has a contract with 4 the state public defender to handle such appeals. The state 5 appellate defender shall notify the supreme court of any such 6 transfer and the responsibility of the state appellate defender 7 for such appeal shall terminate. 8 c. If the state public defender or attorney who has a 9 contract with the state public defender, to whom the case was 10 transferred by the state appellate defender, withdraws from the 11 case, the court shall appoint an attorney who has a contract 12 with the state public defender to handle such an appeal. 13 4. If the state appellate defender is unable to handle the 14 case or withdraws from the case, or if the appeal is other 15 than an indictable offense or denial of postconviction relief 16 including a juvenile case in which a petition on appeal is not 17 required or a juvenile case in which the trial attorney has 18 withdrawn from the case, the court shall appoint an attorney 19 who has a contract with the state public defender to handle 20 such an appeal. 21 Sec. 5. Section 815.14, Code 2011, is amended to read as 22 follows: 23 815.14 Fee for public defender. 24 When determining the amount of restitution for each case 25 under section 910.3 , the expense of the public defender shall 26 be include all expenses approved by the state public defender 27 together with the attorney fees for the public defender 28 calculated at the same hourly rate of compensation specified 29 under section 815.7 . However, the expense of the attorney fees 30 for the public defender shall not exceed the fee limitations 31 established in section 13B.4 . 32 EXPLANATION 33 This bill relates to the payment of reasonable attorney 34 fees for legal services involving the state public defender. 35 -3- LSB 1117HV (2) 84 pf/nh 3/ 4

H.F. 602 The bill provides that legal services for indigent persons 1 contracted through the state public defender may be paid based 2 on other than an hourly rate, including a fixed rate basis. 3 The bill provides for the handling of appeals for indigent 4 persons by the state appellate defender or by transfer of the 5 case to a person under contract with the state public defender. 6 The bill provides that the expenses of the public defender in 7 determining the amount of restitution for a case include all 8 expenses approved by the state public defender together with 9 the attorney fees for the public defender. 10 The bill also specifies an exception to payment of fees for 11 appointed counsel by the person filing or on whose behalf a 12 petition for termination of parental rights is filed. Under 13 the bill, if an order is issued granting the termination of 14 parental rights petition, and an appeal or vacation of the 15 order is requested, the person who filed the petition for 16 termination of parental rights or the person on whose behalf 17 the petition was filed is not responsible for the payment of 18 reasonable attorney fees for appointed counsel. Instead, 19 appointed counsel is to be paid reasonable attorney fees as 20 determined by the state public defender and in accordance with 21 the process for payment of such claims. 22 -4- LSB 1117HV (2) 84 pf/nh 4/ 4