S.F. _____ H.F. _____ Section 1. Section 13B.4, subsections 2 and 3, Code 2011, 1 are amended to read as follows: 2 2. The state public defender shall file a notice with the 3 clerk of the district court in each county served by a public 4 defender designating which public defender office shall receive 5 notice of appointment of cases. The state public defender may 6 also enter into a contract with a nonprofit organization or 7 an attorney, designating that the nonprofit organization or 8 attorney provide legal services to eligible indigent persons 9 as the state public defender’s designee. The state public 10 defender may also designate a person admitted to practice law 11 in this state or a nonprofit organization employing persons 12 admitted to practice law in this state to be appointed by the 13 court as a designee of the state public defender. In each 14 county in which the state public defender files a designation, 15 the state public defender’s designee shall be appointed by the 16 court to represent all eligible persons or to serve as guardian 17 ad litem for eligible children in juvenile court in all cases 18 and proceedings specified in the designation. The appointment 19 shall not be made if the state public defender or the state 20 public defender’s designee notifies the court that the state 21 public defender’s designee will not provide services in certain 22 cases as identified in the designation by the state public 23 defender. 24 3. The state public defender may contract with persons 25 admitted to practice law in this state and nonprofit 26 organizations employing persons admitted to practice law in 27 this state for the provision of legal services to indigent 28 persons. The contract may incorporate administrative rules 29 into the terms of the contract or expressly provide that 30 payments may be paid that are other than on an hourly rate 31 basis for legal services provided, including but not limited to 32 a fixed rate per case or per month. 33 Sec. 2. Section 13B.9, subsection 1, paragraphs a and b, 34 Code 2011, are amended to read as follows: 35 -1- LSB 5275DP (9) 84 jm/rj 1/ 12

S.F. _____ H.F. _____ a. Represent without fee an indigent person who is under 1 arrest or charged with a crime if the indigent person requests 2 representation or the court orders representation when the type 3 of case, the county, and the court have been designated for 4 such representation by the state public defender . The local 5 public defender shall counsel and defend an indigent defendant 6 at every stage of the criminal proceedings and prosecute 7 before or after conviction any appeals or other remedies which 8 the local public defender considers to be in the interest of 9 justice unless other counsel is appointed to the case. 10 b. Represent an indigent party, without fee and upon an 11 order of the court, in child in need of assistance, family in 12 need of assistance, delinquency, and termination of parental 13 rights proceedings pursuant to chapter 232 in a county served 14 by a public defender when designated by the state public 15 defender to represent the indigent party in the type of case 16 for that county . The local public defender shall counsel and 17 represent an indigent party in all proceedings pursuant to 18 chapter 232 in a county served by a public defender to which 19 the local public defender is appointed and prosecute before or 20 after judgment any appeals or other remedies which the local 21 public defender considers to be in the interest of justice 22 unless other counsel is appointed to the case. 23 Sec. 3. Section 13B.9, subsection 4, paragraph a, Code 2011, 24 is amended to read as follows: 25 a. If a conflict of interest arises or if the local public 26 defender is unable to handle a case because of a temporary 27 overload of cases, the local public defender shall return the 28 case to the court. If the case is returned and the state 29 public defender has filed a successor designation, the court 30 shall appoint the successor designee. If there is no successor 31 designee on file, the court shall make the appointment pursuant 32 to section 815.10 . As used in this subsection , “successor 33 designee” may include another local public defender office , or a 34 nonprofit organization or a person admitted to practice law in 35 -2- LSB 5275DP (9) 84 jm/rj 2/ 12

S.F. _____ H.F. _____ this state that has contracted with the state public defender 1 under section 13B.4, subsection 3 . 2 Sec. 4. Section 602.8107, subsection 1, Code 2011, is 3 amended to read as follows: 4 1. As used in this section , “court debt” means all fines, 5 penalties, court costs, fees, forfeited bail, surcharges 6 under chapter 911 , victim restitution, restitution for 7 court-appointed attorney fees or for expenses of a public 8 defender ordered pursuant to section 815.9 , or fees charged 9 pursuant to section 356.7 or 904.108 . 10 Sec. 5. Section 814.11, subsection 2, Code 2011, is amended 11 to read as follows: 12 2. a. If the appeal involves an indictable offense or 13 denial of postconviction relief, the appointment shall be made 14 to the state appellate defender unless the state appellate 15 defender notifies the court that the state appellate defender 16 is unable to handle the case. 17 b. If the state appellate defender is unable to handle 18 the case, the state public defender may transfer the case to 19 a local public defender office, nonprofit organization, or 20 private attorney designated by the state public defender to 21 handle these cases. The state appellate defender shall notify 22 the supreme court of the transfer of a case, and upon such 23 notification the responsibility of the state appellate defender 24 in the case terminates. 25 c. If, after transfer of the case to a local public defender 26 office, nonprofit organization, or private attorney, the local 27 public defender, nonprofit organization, or private attorney 28 withdraws from the case, the court shall appoint an attorney 29 who has a contract with the state public defender to provide 30 legal services in appellate cases. 31 Sec. 6. Section 814.11, subsections 3 and 4, Code 2011, are 32 amended to read as follows: 33 3. In a juvenile case in which a petition on appeal is 34 required under chapter 232 or a proceeding under chapter 600A , 35 -3- LSB 5275DP (9) 84 jm/rj 3/ 12

S.F. _____ H.F. _____ the trial attorney shall continue representation throughout the 1 appeal without an additional appointment order unless the court 2 grants the attorney permission to withdraw from the case. If 3 the court grants the attorney permission to withdraw, the court 4 shall appoint an attorney who has a contract with the state 5 public defender to provide legal services in appellate cases. 6 4. If the state appellate defender is unable to handle the 7 case or withdraws from the case, or if the appeal is other 8 than an indictable offense or denial of postconviction relief 9 including a juvenile case in which a petition on appeal is not 10 required or a juvenile case in which the trial attorney has 11 withdrawn from the case, In all other cases not specified in 12 subsection 2 or 3, or except as otherwise provided in this 13 section, the court shall appoint an attorney to represent 14 an indigent person who has a contract with the state public 15 defender to handle such an appeal provide legal services in 16 appellate cases . 17 Sec. 7. Section 815.4, Code 2011, is amended by striking the 18 section and inserting in lieu thereof the following: 19 815.4 Special witnesses for indigents. 20 1. An application for an expert or other witnesses under 21 Iowa rule of criminal procedure 2.20 shall include a statement 22 attesting that the attorney advised the indigent person of 23 the application, the expected expenses, and the potential for 24 reimbursement of the expenses pursuant to section 815.9. 25 2. a. The court shall authorize the securing of a witness 26 prior to the witness incurring any expenses. 27 b. The court shall either set in advance a maximum dollar 28 amount of the claim for expenses or approve the final amount of 29 the claim for expenses as reasonable compensation. 30 c. The state public defender shall only approve the claim 31 for the expenses of the witness if the securing of the witness 32 was authorized by the court and either the maximum dollar 33 amount of the claim for expenses was set prior to the expenses 34 being incurred or the court has approved the final amount of 35 -4- LSB 5275DP (9) 84 jm/rj 4/ 12

S.F. _____ H.F. _____ the claim for expenses as reasonable compensation. 1 3. A witness secured for an indigent person under Iowa rule 2 of criminal procedure 2.20 shall file a claim for compensation 3 with the state public defender as required by the rules of the 4 state public defender, and the claim shall be supported by an 5 itemization specifying the time expended, services rendered, 6 and expenses incurred on behalf of the indigent person. 7 Sec. 8. Section 815.7, subsection 5, Code 2011, is amended 8 to read as follows: 9 5. The expenses shall include any sums as are necessary 10 for investigations in the interest of justice, and the cost of 11 obtaining the transcript of the trial record and briefs if an 12 appeal is filed. The attorney need not follow the case into 13 another county or into the appellate court unless so directed 14 by the court. If the attorney follows the case into another 15 county or into the appellate court, the attorney shall be 16 entitled to compensation as provided in this section . Only one 17 attorney fee shall be so awarded in any one case except that in 18 class “A” felony cases, two may be authorized if both attorneys 19 are appointed pursuant to section 815.10 . 20 Sec. 9. Section 815.9, subsection 3, Code 2011, is amended 21 to read as follows: 22 3. If a person is granted an appointed attorney, the 23 person shall be required to reimburse the state for the total 24 cost of legal assistance provided to the person pursuant to 25 this section . “Legal assistance” as used in this section 26 shall include not only the expense of the public defender or 27 an appointed attorney, but also transcripts, witness fees, 28 expenses, and any other goods or services required by law to 29 be provided to an indigent person entitled to an appointed 30 attorney. 31 Sec. 10. Section 815.9, subsections 4, 5, 6, 7, and 9, Code 32 2011, are amended by striking the subsections and inserting in 33 lieu thereof the following: 34 4. a. If the appointed attorney is a public defender, the 35 -5- LSB 5275DP (9) 84 jm/rj 5/ 12

S.F. _____ H.F. _____ attorney shall submit a report to the court specifying the 1 total hours of service plus expenses incurred in providing 2 legal assistance to the person. In a criminal case, the report 3 shall be submitted within ten days of the date of sentencing, 4 acquittal, or dismissal. In a case other than a criminal case, 5 the report shall be submitted within ten days of any court 6 ruling or the conclusion of a trial held in the case, or if the 7 case is dismissed within ten days of the dismissal. 8 b. If the appointed attorney is a private attorney or is 9 employed by a nonprofit organization, the state public defender 10 shall report to the clerk of the district court the amounts 11 of any approved claims for compensation and expenses paid on 12 behalf of a person receiving legal assistance after such claims 13 have been reviewed and paid by the state public defender. 14 5. If the person receiving legal assistance is convicted in 15 a criminal case, the total costs and fees incurred for legal 16 assistance shall be ordered paid when the reports submitted 17 pursuant to subsection 4 are received by the court, and the 18 court shall order the payment of such amounts as restitution 19 or order the performance of community service in lieu of such 20 payments, in accordance with chapter 910. 21 6. If the person receiving legal assistance is acquitted in 22 a criminal case or is a party in a case other than a criminal 23 case, the court shall order the payment of all or a portion of 24 the total costs and fees incurred for legal assistance, to the 25 extent the person is reasonably able to pay, after an inquiry 26 which includes notice and reasonable opportunity to be heard. 27 7. When ordering payment of all or a portion of the total 28 costs and fees incurred for legal assistance under subsection 29 6, the court may order payment of the costs and fees in 30 reasonable installments as provided in section 909.3, or may 31 order the entire amount due and payable. If any costs and fees 32 are not paid at the time specified in the order of the court, 33 a judgment shall be entered against the person for any unpaid 34 amount. Such judgment may be enforced by the state in the same 35 -6- LSB 5275DP (9) 84 jm/rj 6/ 12

S.F. _____ H.F. _____ manner as a civil judgment. 1 9. Notwithstanding subsections 3 and 6, a minor granted a 2 court-appointed attorney or guardian ad litem under section 3 232.11 in a juvenile proceeding shall not be ordered to 4 reimburse costs and fees incurred for legal assistance except 5 as otherwise provided in chapter 232. 6 Sec. 11. Section 815.10, subsections 1 and 2, Code 2011, are 7 amended to read as follows: 8 1. a. The court, for cause and upon its own motion or 9 upon application by an indigent person or a public defender, 10 shall appoint the state public defender’s designee pursuant 11 to section 13B.4 to represent an indigent person at any stage 12 of the criminal, postconviction, contempt, commitment under 13 chapter 229A , termination under chapter 600A , detention under 14 section 811.1A , competency under chapter 812 , parole revocation 15 if applicable under section 908.2A , or juvenile proceedings or 16 on appeal of any criminal, postconviction, contempt, commitment 17 under chapter 229A , termination under chapter 600A , detention 18 under section 811.1A , competency under chapter 812 , parole 19 revocation under chapter 908 , or juvenile action in which the 20 indigent person is entitled to legal assistance at public 21 expense. However, in juvenile cases, the court may directly 22 appoint an existing nonprofit corporation established for and 23 engaged in the provision of legal services for juveniles. An 24 appointment shall not be made unless the person is determined 25 to be indigent under section 815.9 . Only one attorney shall 26 be appointed 27 b. An indigent person is entitled to the appointment of 28 one attorney in all cases, except that in class “A” felony 29 cases the court may appoint two attorneys. However, in a class 30 “A” felony case, a person who is represented by a privately 31 retained attorney or by an attorney who has agreed to represent 32 the person is not entitled to have an attorney appointed to 33 represent the person based upon the indigence of the person. 34 2. If the state public defender or the state public 35 -7- LSB 5275DP (9) 84 jm/rj 7/ 12

S.F. _____ H.F. _____ defender’s designee is unable to represent an indigent person, 1 the court shall appoint an attorney who has a contract with the 2 state public defender to represent the person in the particular 3 type of case and in the county in which the case is pending . 4 Sec. 12. Section 815.10A, subsection 3, Code 2011, is 5 amended to read as follows: 6 3. a. An attorney shall obtain court approval prior 7 to exceeding the fee limitations established by the state 8 public defender pursuant to section 13B.4 . An attorney may 9 exceed the fee limitations if good cause for exceeding the fee 10 limitations is shown. An attorney may obtain court approval 11 after exceeding the fee limitations if good cause excusing 12 the attorney’s failure to seek approval prior to exceeding 13 the fee limitations is shown. However, failure to file an 14 application to exceed a fee limitation prior to exceeding the 15 fee limitation does not constitute good cause. The order 16 approving an application to exceed the fee limitations shall 17 be effective from the date of filing the application unless 18 the court order provides an alternative effective date. The 19 application and the court order approving the application to 20 exceed fee limitations and any other order affecting the amount 21 of compensation or reimbursement shall be submitted with any 22 claim for compensation. 23 b. Except for an application to exceed fee limitations 24 by an attorney or guardian ad litem representing a juvenile 25 in a juvenile proceeding, an application by an attorney to 26 exceed fee limitations shall include a statement signed by 27 the client of the attorney, consenting to the application and 28 acknowledging that the client will be required to reimburse 29 the state for the total costs and fees incurred for the legal 30 assistance provided to the extent the client is reasonably able 31 to pay. This requirement cannot be waived by the court. 32 Sec. 13. Section 815.14, Code 2011, is amended to read as 33 follows: 34 815.14 Fee for public defender. 35 -8- LSB 5275DP (9) 84 jm/rj 8/ 12

S.F. _____ H.F. _____ When determining the The amount of restitution for the 1 expense of the public defender for each case under section 2 910.3 , the expense of the public defender or the total cost of 3 legal assistance required to be reimbursed under section 815.9, 4 subsection 3, shall be include all expenses incurred in the 5 representation of the person combined with the attorney fees 6 for the public defender calculated at the same hourly rate of 7 compensation specified under section 815.7 . However, the The 8 expense of the public defender shall not may exceed the fee 9 limitations established in section 13B.4 . 10 EXPLANATION 11 This bill relates to the practices and procedures of the 12 state public defender. 13 The bill specifies that the state public defender may 14 designate a person admitted to practice law in this state or a 15 nonprofit organization employing persons admitted to practice 16 law in this state to be appointed by the court as a designee of 17 the state public defender. Current law provides that the state 18 public defender may enter into a contract with an attorney or a 19 nonprofit organization to serve as the designee of the state 20 public defender. 21 The bill allows a contract between the state public defender 22 and an attorney or a nonprofit organization to incorporate 23 administrative rules into the terms of the contract or 24 expressly provide payment terms that include payments at a 25 fixed rate per case or per month. 26 The bill strikes provisions stating that the public defender 27 shall represent a person without charging a fee. 28 Under the bill, if the court orders the local public defender 29 to represent an indigent person, the order shall be for the 30 type of case, in a county, and in a court designated by the 31 state public defender. 32 If it becomes necessary to appoint a successor designee to 33 represent an indigent person because the local public defender 34 is unable to handle the case, the bill allows the successor 35 -9- LSB 5275DP (9) 84 jm/rj 9/ 12

S.F. _____ H.F. _____ designee to be a person admitted to practice law in this state 1 who has a contract with the state public defender. Current 2 law specifies the successor designee may include another local 3 public defender office or a nonprofit organization. 4 The bill specifies that if the state appellate public 5 defender is unable to handle an appeal, the state public 6 defender may transfer the appellate case to a local public 7 defender office, nonprofit organization, or private attorney 8 designated by the state public defender to handle the appeal. 9 If, after the transfer of an appellate case to a local public 10 defender office, nonprofit organization, or private attorney, 11 the entity withdraws from the appellate case, the court shall 12 appoint an attorney who has a contract with the state public 13 defender to provide legal services in appellate cases. 14 The bill provides that in a juvenile case or in a termination 15 of parental rights proceeding under Code chapter 600A where the 16 court grants the trial attorney permission to withdraw from the 17 case during the appeal, the court shall appoint an attorney who 18 has a contract with the state public defender to provide legal 19 services in appellate cases. The bill further specifies that 20 in all other cases involving an appeal by an indigent person, 21 except as otherwise provided in Code section 814.11, the court 22 shall appoint an attorney who has a contract with the state 23 public defender to provide legal services in appellate cases. 24 The bill makes changes to securing a special witness for 25 an indigent person. Under the bill, an application for a 26 special witness shall include a statement attesting that the 27 attorney advised the indigent person of the application, the 28 expected expense, and that the indigent person may be required 29 to reimburse the state for the expense of the special witness. 30 The bill provides that the court shall authorize the 31 securing of a special witness and set the maximum amount of the 32 expenses prior to the special witness incurring any expenses or 33 approve the final amount of the claim of the special witness 34 as reasonable compensation. The bill provides that the state 35 -10- LSB 5275DP (9) 84 jm/rj 10/ 12

S.F. _____ H.F. _____ public defender shall only approve the claim for the expenses 1 of the special witness if the securing of the special witness 2 was authorized by the court and either the maximum dollar 3 amount of the claim for expenses was set prior to the expenses 4 being incurred or the court has approved the final amount of 5 the claim for expenses as reasonable compensation. 6 The bill specifies that two separate attorney fees may 7 be awarded in a class “A” felony case if both attorneys are 8 appointed pursuant to Code section 815.10. 9 The bill specifies that an indigent person shall be 10 required to reimburse the state for the total cost of the 11 legal assistance provided, including the expense of the public 12 defender. 13 Under the bill, if an appointed attorney is a public 14 defender, the attorney shall submit a report specifying 15 the total hours of legal services provided plus expenses 16 incurred representing an indigent person, within 10 days of 17 sentencing, acquittal, or dismissal. In cases where the 18 attorney representing an indigent person is a private attorney 19 or is employed by a nonprofit organization, the bill requires 20 the state public defender to report to the clerk of the 21 district court the amount of the approved claim paid to the 22 private attorney or nonprofit organization on behalf of the 23 indigent person. The bill specifies the court shall order the 24 total costs and fees incurred for legal assistance provided 25 to an indigent person be paid as restitution, or order the 26 performance of community service in lieu of paying restitution. 27 The bill provides that if an indigent person receiving legal 28 assistance is acquitted in a criminal case or is a party in 29 a case other than a criminal case, the court shall order the 30 indigent person to pay a portion or all of the total costs 31 and fees incurred for the legal assistance, to the extent 32 the indigent person is reasonably able to pay. The bill 33 also provides that the total costs and fees may be paid in 34 reasonable installments pursuant to Code section 909.3. 35 -11- LSB 5275DP (9) 84 jm/rj 11/ 12

S.F. _____ H.F. _____ The bill states a minor granted a court-appointed attorney 1 or guardian ad litem shall not be ordered to reimburse costs 2 and fees incurred for legal assistance provided on behalf of 3 the minor in a juvenile proceeding. 4 In a class “A” felony case, the bill specifies that a person 5 who is represented by a privately retained attorney or by an 6 attorney who has agreed to represent the person is not entitled 7 to have an attorney appointed to represent the person based 8 upon the indigence of the person. 9 Except for an application to exceed fee limitations by an 10 attorney or guardian ad litem for representing a juvenile in 11 a juvenile proceeding, the bill requires an application by 12 an attorney to exceed fee limitations to include a statement 13 signed by the client of the attorney, consenting to the 14 application and acknowledging that the client will be required 15 to reimburse the state for the total costs and fees incurred 16 for the legal assistance provided to the extent the client is 17 reasonably able to pay. 18 The amount of restitution an indigent person reimburses the 19 state for the expense of the public defender under the bill 20 shall include all expenses incurred during the representation 21 of the person combined with the attorney fees calculated at the 22 hourly rates in Code section 815.7. The bill also permits the 23 expense of the public defender to exceed the fee limitations 24 established in Code section 13B.4. 25 -12- LSB 5275DP (9) 84 jm/rj 12/ 12