HF 210 (LSB 1171HV (2) 85)

HOUSE FILE 210

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 34)

A BILL FOR

An Act relating to the practices and procedures of the state public defender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 815.9, subsection 4, paragraph b, Code 2013, is amended to read as follows:
   b.  If the appointed attorney is a private attorney or is employed by a nonprofit organization, the state public defender shall report to the clerk of the district court the amounts of any approved claims for compensation and expenses paid on behalf of a person receiving legal assistance after such claims have been reviewed and paid by the state public defender
 
unless the appointed attorney is paid other than on an hourly rate basis and the state public defender has notified the appointed attorney that the attorney is responsible for reporting the attorney’s total hours of service plus expenses to the court.
    Sec. 2.  Section 815.9, subsection 4, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  If the appointed attorney has been notified by the state public defender that the attorney is responsible for reporting to the court the total hours of service plus expenses incurred in providing legal assistance to a person, the attorney shall submit a report to the court in the same manner as a public defender submits a report pursuant to paragraph “a”. The amount of the attorney fees to be included in the total cost of legal assistance required to be reimbursed shall be calculated using the hours of service stated in the report at the hourly rate of compensation specified under section 815.7.
    Sec. 3.  Section 815.9, subsection 6, Code 2013, is amended to read as follows:
   6.  If the person receiving legal assistance is acquitted
 
or has all charges dismissed in a criminal case or is a party in a case other than a criminal case, the court shall order the payment of all or a portion of the total costs and fees incurred for legal assistance, to the extent the person is reasonably able to pay, after an inquiry which includes notice and reasonable opportunity to be heard.
    Sec. 4.  Section 815.10, subsection 4, Code 2013, is amended to read as follows:
   4.  The appointment of an attorney shall be on a rotational or equalization basis, considering the experience of the attorney, and the difficulty of the case, and the geographic proximity of the attorney’s office to the courthouse and client.
    Sec. 5.  Section 815.10, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  The state public defender may adopt rules setting forth additional uniform standard procedures for the appointment of counsel and uniform forms for appointment.
    Sec. 6.  Section 815.10A, subsection 2, Code 2013, is amended to read as follows:
   2.  Claims for compensation and reimbursement submitted by an attorney appointed after June 30, 2004,
 
and claims for any other expenses paid from the indigent defense fund are not considered timely unless the claim is submitted to the state public defender within forty-five days of a withdrawal order, sentencing, acquittal, or dismissal, whichever is earliest, in a criminal case or the withdrawal order, final ruling, or dismissal, whichever is earliest, in any other type of case
 
the date of service, as defined by the state public defender in rules.
    Sec. 7.  Section 908.2A, subsection 2, Code 2013, is amended to read as follows:
   2.  If
 
the appointing authority determines counsel should be appointed and all of the criteria apply in subsection 1,
 
the appointing authority shall appoint the state public defender’s designee pursuant to section 13B.4. If the state public defender has not made a designation for the type of case or the state public defender’s designee is unable to handle the case, a contract attorney with the state public defender may be appointed to represent the alleged parole violator. If a contract attorney is unavailable, an attorney who has agreed to provide these services may be appointed. The appointed attorney shall apply to the state public defender for payment in the manner prescribed by the state public defender.
EXPLANATION
   This bill relates to the practices and procedures of the state public defender.
   If an appointed attorney is paid other than on an hourly basis and the state public defender has notified the appointed attorney to provide the reporting of the total hours of service and expenses for each case to the court, the bill requires the appointed attorney to provide such reporting to the court.
   If an appointed attorney has been notified by the state public defender that the attorney is responsible for reporting to the court the total hours of service plus expenses incurred in providing legal assistance to a person, the bill requires the attorney to submit the report to the court in the same manner as a public defender under Code section 815.9(4).
   If an indigent person has all charges dismissed in a criminal case, the bill requires the court to order payment of all or a portion of the total costs and fees incurred for any legal assistance to the extent the indigent person is reasonably able to pay. Current law requires an indigent person to pay the total costs and fees incurred to the extent the indigent person is reasonably able to pay if the indigent person was acquitted of the charges.
   The bill requires the court to consider the geographic proximity of the attorney’s office to the courthouse and the client when appointing an attorney to represent an indigent person.
   The bill allows the state public defender to adopt rules setting forth additional uniform standard procedures for the appointment of counsel and uniform forms for appointment.
   The bill requires that any claims for expenses paid from the indigent defense fund be submitted within 45 days of the “date of service”. The definition for the “date of service” is found in 493 IAC 7.1. Current law only requires that claims for compensation and reimbursement be submitted within 45 days of the date of service.
   In a parole revocation case, if the appointing authority determines an alleged parole violator is entitled to the appointment of counsel, the bill requires that the appointing authority first appoint the state public defender’s designee, and if the state public defender’s designee is unavailable, the appointing authority is required to appoint a contract attorney with the state public defender. If a contract attorney is unavailable, an attorney who has agreed to provide representation to the alleged parole violator may be appointed.