HOUSE FILE 602

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 36)

A BILL FOR

An Act relating to the responsibility for payment of reasonable attorney fees involving the state public defender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 13B.4, subsection 3, Code 2011, is amended to read as follows:
   3.  The state public defender may contract with persons admitted to practice law in this state and nonprofit organizations employing persons admitted to practice law in this state for the provision of legal services to indigent persons.  Such contract may provide that the person or nonprofit organization shall be paid on a basis other than an hourly rate for the person’s or nonprofit organization’s legal services, including but not limited to a fixed rate per case or fixed rate per month basis.
   Sec. 2.  Section 13B.4, subsection 4, paragraph a, Code 2011, is amended to read as follows:
   a.  The state public defender shall establish fee limitations for particular categories of cases. The fee limitations shall be reviewed at least every three years. In establishing and reviewing the fee limitations, the state public defender shall consider public input during the establishment and review process, and any available information regarding ordinary and customary charges for like services; the number of cases in which legal services to indigents are anticipated; the seriousness of the charge; an appropriate allocation of resources among the types of cases; experience with existing hourly or fixed rates, claims, and fee limitations; and any other factors determined to be relevant.
   Sec. 3.  Section 600A.6B, Code 2011, is amended to read as follows:
   600A.6B  Payment of attorney fees.
   1.  A person filing a petition for termination of parental rights under this chapter or the person on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for counsel appointed pursuant to section 600A.6A unless the one of the following conditions exists:
   a.  The person filing the petition is a private child-placing agency as defined in section 238.1 or unless the.
   b.  The court determines that the person filing the petition or the person on whose behalf the petition is filed is indigent.
   c.  The person filing the petition or the person on whose behalf the petition is filed is exempt pursuant to subsection 3.
   2.  If the person filing the petition is a private child-placing agency as defined in section 238.1 or if the person filing the petition or the person on whose behalf the petition is filed is indigent, the appointed attorney shall be paid reasonable attorney fees as determined by the state public defender.
   3.  If counsel is appointed pursuant to section 600A.6A for hearings or proceedings connected with a request for vacation or appeal of a termination order issued under section 600A.9, subsection 1, paragraph “b”, the person who filed the petition for termination of parental rights or the person on whose behalf the petition was filed shall not be responsible for the payment of reasonable attorney fees for such counsel. Instead, the counsel appointed pursuant to section 600A.6A shall be paid reasonable attorney fees as determined by the state public defender and in accordance with subsection 4.
   3.  4.  The state public defender shall review all the claims submitted under this section and shall have the same authority with regard to the payment of these claims as the state public defender has with regard to claims submitted under chapters 13B and 815, including the authority to adopt rules concerning the review and payment of claims submitted.
   Sec. 4.  Section 814.11, subsections 2 and 4, Code 2011, are amended to read as follows:
   2.
  a.  If the appeal involves an indictable offense or denial of postconviction relief, the appointment shall be made to the state appellate defender unless the state appellate defender notifies the court that the state appellate defender is unable to handle the case.
   b.  If the state appellate defender is unable to handle the case, the state appellate defender may transfer the case to the state public defender or to an attorney who has a contract with the state public defender to handle such appeals. The state appellate defender shall notify the supreme court of any such transfer and the responsibility of the state appellate defender for such appeal shall terminate.
   c.  If the state public defender or attorney who has a contract with the state public defender, to whom the case was transferred by the state appellate defender, withdraws from the case, the court shall appoint an attorney who has a contract with the state public defender to handle such an appeal.
   4.  Ifthe state appellate defender is unable to handle the case or withdraws from the case, or if the appeal is other than an indictable offense or denial of postconviction relief including a juvenile case in which a petition on appeal is not required or a juvenile case in which the trial attorney has withdrawn from the case, the court shall appoint an attorney who has a contract with the state public defender to handle such an appeal.
   Sec. 5.  Section 815.14, Code 2011, is amended to read as follows:
   815.14  Fee for public defender.
   When determining the amount of restitution for each case under section 910.3, the expense of the public defender shall be include all expenses approved by the state public defender together with the attorney fees for the public defender calculated at the same hourly rate of compensation specified under section 815.7. However, the expense of the attorney fees for the public defender shall not exceed the fee limitations established in section 13B.4.
EXPLANATION
   This bill relates to the payment of reasonable attorney fees for legal services involving the state public defender. The bill provides that legal services for indigent persons contracted through the state public defender may be paid based on other than an hourly rate, including a fixed rate basis. The bill provides for the handling of appeals for indigent persons by the state appellate defender or by transfer of the case to a person under contract with the state public defender. The bill provides that the expenses of the public defender in determining the amount of restitution for a case include all expenses approved by the state public defender together with the attorney fees for the public defender.
   The bill also specifies an exception to payment of fees for appointed counsel by the person filing or on whose behalf a petition for termination of parental rights is filed. Under the bill, if an order is issued granting the termination of parental rights petition, and an appeal or vacation of the order is requested, the person who filed the petition for termination of parental rights or the person on whose behalf the petition was filed is not responsible for the payment of reasonable attorney fees for appointed counsel. Instead, appointed counsel is to be paid reasonable attorney fees as determined by the state public defender and in accordance with the process for payment of such claims.