S.F. _____ H.F. _____ Section 1. Section 13B.4, subsection 4, paragraph d, Code 1 2013, is amended by striking the paragraph. 2 Sec. 2. Section 13B.4, subsection 8, Code 2013, is amended 3 to read as follows: 4 8. The state public defender shall adopt rules, as 5 necessary, pursuant to chapter 17A to interpret and administer 6 this chapter , and chapter 815 , and sections 229A.6, 232.11, 7 232.89, 232.113, 232.126, 232.141, 232.179, 600A.6A, 600A.6B, 8 814.11, and 908.2A . The state public defender shall have the 9 discretion to interpret such rules. 10 Sec. 3. NEW SECTION . 13B.4A Judicial review of agency 11 action. 12 1. Notwithstanding chapter 17A, a claimant for payment of 13 indigent defense costs may seek judicial review of the state 14 public defender’s final agency action denying or reducing any 15 claim by filing a motion for judicial review in the court with 16 jurisdiction over the original appointment. This section is 17 the sole and exclusive method of seeking judicial review of the 18 state public defender’s action on any claim for payment. 19 a. A claimant may only file the motion after the state 20 public defender has taken final agency action, as defined by 21 the state public defender, on the claim, and the claimant must 22 file the motion within twenty days of the final agency action. 23 b. Failure to seek judicial review within twenty days of 24 final agency action as defined by the state public defender 25 shall preclude any judicial review of the action taken by the 26 state public defender. 27 c. The motion must clearly and concisely set forth the 28 grounds for error and any other grounds the claimant intends 29 to rely upon when challenging the action of the state public 30 defender. 31 2. a. The court shall set the motion for hearing and 32 provide the state public defender with at least ten days’ 33 notice of the hearing. The state public defender shall not 34 be required to file a resistance to the motion for judicial 35 -1- LSB 1172XD (8) 85 jm/rj 1/ 14

S.F. _____ H.F. _____ review. 1 b. The claimant or state public defender may participate 2 in the hearing by telephone. If the state public defender 3 participates by telephone, the state public defender shall be 4 responsible for initiating the telephone call and paying all 5 telephone charges incurred for the hearing. 6 3. The claimant shall have the burden to show by a 7 preponderance of the evidence any of the following, otherwise 8 the action of the state public defender shall be affirmed: 9 a. The action of the state public defender violates the 10 Constitution of the United States or the Constitution of the 11 State of Iowa, a statute, or an administrative rule adopted by 12 the state public defender. 13 b. The action of the state public defender is arbitrary, 14 capricious, or an abuse of discretion. 15 4. In a hearing on a motion for judicial review of an action 16 of the state public defender the following shall apply: 17 a. The state public defender’s interpretation of the rules 18 adopted by the state public defender or a statute, which the 19 state public defender is vested with discretion to interpret 20 pursuant to section 13B.4, subsection 8, is binding on the 21 court unless the interpretation is irrational, illogical, or a 22 wholly unjustifiable interpretation of the law. 23 b. Factual findings of the state public defender must be 24 accepted by the court unless not supported by substantial 25 evidence. 26 c. If the state public defender provides an administrative 27 procedure for review of an action on a claim, the court shall 28 not consider any grounds for error or any other grounds unless 29 raised with the state public defender prior to the final agency 30 action, and the court shall not admit new evidence that was 31 not presented to the state public defender prior to the final 32 agency action. 33 5. If the state public defender is not first notified and 34 given an opportunity to be heard, any court order entered after 35 -2- LSB 1172XD (8) 85 jm/rj 2/ 14

S.F. _____ H.F. _____ the state public defender has taken action on the claim, which 1 affects the claim, is void. 2 6. The decision of the court following a hearing on a motion 3 for judicial review is a final judgment appealable by either 4 the claimant or state public defender. 5 Sec. 4. NEW SECTION . 13B.4B Confidentiality of indigent 6 defense claim records. 7 1. A claim for compensation and reimbursement for legal 8 assistance and supporting documents submitted to the state 9 public defender for payment of costs incurred in the legal 10 representation of an indigent person from the indigent defense 11 fund established in section 815.11 shall be kept confidential 12 by the state public defender except as otherwise provided in 13 subsection 2. 14 2. a. The claim and supporting documents may be released to 15 the client on whose behalf the costs were incurred. 16 b. Summary claims data may be released if the data contains 17 no information that is required to be kept confidential 18 pursuant to an attorney’s obligations under the Iowa rules of 19 professional conduct. Such summary data may include: 20 (1) The name of the attorney or vendor who provided the 21 legal services. 22 (2) The name of the county in which legal services were 23 provided. 24 (3) The case number and name of the client unless the 25 information is a confidential juvenile record under section 26 232.147. 27 (4) The type of claim and the type of cases for which legal 28 services were provided. 29 (5) The number of hours and expenses claimed, and the total 30 amount paid. 31 c. The state public defender may in the state public 32 defender’s sole discretion release claims and supporting 33 documents to the auditor of state, the Iowa supreme court 34 attorney disciplinary board, the grievance commission of the 35 -3- LSB 1172XD (8) 85 jm/rj 3/ 14

S.F. _____ H.F. _____ supreme court of Iowa, or to other state or local agencies to 1 the extent necessary to investigate fraud or other criminal 2 activity against the attorney or vendor submitting the claim. 3 d. The state public defender may release the claim and 4 supporting documents to the court with respect to a hearing 5 held under section 13B.4A. 6 Sec. 5. Section 13B.8, subsection 2, Code 2013, is amended 7 to read as follows: 8 2. The state public defender may appoint and may, for 9 cause, remove the local public defender, assistant local 10 public defenders, clerks, investigators, secretaries, or other 11 employees. After completion of an employee’s probationary 12 period, the state public defender shall only remove the 13 employee for cause. An employee of the state public defender 14 exempt from the merit system provisions of chapter 8A, 15 subchapter IV, shall serve a one-year probationary period from 16 the beginning date of employment. Each local public defender, 17 and any assistant local public defender, must be an attorney 18 admitted to the practice of law before the Iowa supreme court. 19 Sec. 6. NEW SECTION . 13B.12 Gideon fellowship program 20 established. 21 The state public defender may establish a gideon fellowship 22 program for the entry level hiring and training of public 23 defender attorneys. The state public defender may appoint 24 up to four gideon fellows for a term of up to two years and 25 may assign each fellow to a local public defender office or 26 appellate defender office. Each fellow shall be a licensed 27 attorney admitted to practice law in this state prior to 28 commencement of the fellowship. An attorney hired as a fellow 29 shall be excluded from the provisions of chapter 20. 30 Sec. 7. Section 22.7, Code 2013, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 10. A claim for compensation and 33 reimbursement for legal assistance and supporting documents 34 submitted to the state public defender for payment from 35 -4- LSB 1172XD (8) 85 jm/rj 4/ 14

S.F. _____ H.F. _____ the indigent defense fund established in section 815.11, as 1 provided in section 13B.4B. 2 Sec. 8. Section 600A.6, subsection 2, Code 2013, is amended 3 to read as follows: 4 2. a. Prior to the service of notice on the necessary 5 parties, the juvenile court shall appoint a guardian ad litem 6 for a minor child if the child does not have a guardian or if 7 the interests of the guardian conflict with the interests of 8 the child. Such guardian ad litem shall be a necessary party 9 under subsection 1 of this section . 10 b. A person who is appointed as a guardian ad litem for 11 a minor child shall not also be the attorney for any party 12 other than the minor child in any proceeding involving the 13 minor child. The guardian ad litem may make an independent 14 investigation of the interest of the child and may cause 15 witnesses to appear before the court to provide testimony 16 relevant to the best interest of the minor child. 17 c. The costs of the guardian ad litem shall be paid by the 18 person filing the petition under section 600A.5, subsection 19 1. The costs are not payable from the indigent defense fund 20 established in section 815.11. 21 Sec. 9. Section 600A.6B, Code 2013, is amended to read as 22 follows: 23 600A.6B Payment of attorney fees. 24 1. A person filing a petition for termination of parental 25 rights under this chapter or the person on whose behalf the 26 petition is filed shall be responsible for the payment of 27 reasonable attorney fees for counsel appointed pursuant to 28 section 600A.6A unless the person filing the petition is a 29 private child-placing agency as defined in section 238.1 30 licensed under chapter 238, or unless the court determines that 31 the person filing the petition or the person on whose behalf 32 the petition is filed is indigent. 33 2. If the person filing the petition is a private 34 child-placing agency as defined in section 238.1 licensed 35 -5- LSB 1172XD (8) 85 jm/rj 5/ 14

S.F. _____ H.F. _____ under chapter 238 or if the person filing the petition or the 1 person on whose behalf the petition is filed is indigent, the 2 appointed attorney shall be paid reasonable attorney fees as 3 determined by the state public defender prospective parent on 4 whose behalf the petition is filed shall be responsible for 5 the payment of reasonable attorney fees for counsel appointed 6 pursuant to section 600A.6A unless the court determines that 7 the prospective parent on whose behalf the petition is filed 8 is indigent . 9 3. The If the prospective parent on whose behalf the 10 petition is filed is indigent, and if the person filing the 11 petition is indigent or a private child-placing agency licensed 12 under chapter 238, the appointed attorney shall be paid 13 reasonable attorney fees as determined by the state public 14 defender from the indigent defense fund established in section 15 815.11. 16 4. The state public defender shall review all the claims 17 submitted for payment under this section subsection 3 and shall 18 have the same authority with regard to the payment of these 19 claims as the state public defender has with regard to claims 20 submitted under chapters 13B and 815 , including the authority 21 to adopt rules concerning the review and payment of claims 22 submitted. 23 Sec. 10. Section 814.11, subsections 2, 3, and 4, Code 2013, 24 are amended to read as follows: 25 2. a. If the appeal involves an indictable offense or 26 denial of postconviction relief, the appointment shall be made 27 to the state appellate defender unless the state appellate 28 defender notifies the court that the state appellate defender 29 is unable to handle the case. 30 b. If the state appellate defender is unable to handle 31 the case, the state public defender may transfer the case to 32 a local public defender office, nonprofit organization, or 33 private attorney designated by the state public defender to 34 handle such a case. The state appellate defender shall notify 35 -6- LSB 1172XD (8) 85 jm/rj 6/ 14

S.F. _____ H.F. _____ the supreme court of the transfer of a case, and upon such 1 notification the responsibility of the state appellate defender 2 in the case terminates. 3 c. If, after transfer of the case to a local public defender 4 office, nonprofit organization, or private attorney, the local 5 public defender office, nonprofit organization, or private 6 attorney withdraws from the case, the court shall appoint an 7 attorney who has a contract with the state public defender to 8 provide legal services in appellate cases. 9 3. a. In a juvenile case under chapter 232 or a proceeding 10 under chapter 600A , the trial attorney shall continue 11 representation throughout the appeal without an additional 12 appointment order unless the court grants the attorney 13 permission to withdraw from the case. 14 b. If the court grants the attorney permission to withdraw, 15 the court shall appoint the state public defender’s designee 16 pursuant to section 13B.4. 17 c. If the state public defender has not made a designation 18 pursuant to section 13B.4 to handle the type of case or the 19 state public defender’s designee is unable to handle the case, 20 the court shall appoint an attorney who has a contract with the 21 state public defender to provide legal services in appellate 22 cases. 23 4. a. In all other cases not specified in subsection 2 or 24 3 , or except as otherwise provided in this section , the court 25 shall appoint the state public defender’s designee pursuant to 26 section 13B.4. 27 b. If the state public defender has not made a designation 28 pursuant to section 13B.4 to handle these other types of cases 29 or the state public defender’s designee is unable to handle 30 the case, the court shall appoint an attorney to represent 31 an indigent person who has a contract with the state public 32 defender to provide legal services in appellate cases. 33 Sec. 11. NEW SECTION . 815.1 Costs incurred by a privately 34 retained attorney representing an indigent person. 35 -7- LSB 1172XD (8) 85 jm/rj 7/ 14

S.F. _____ H.F. _____ 1. The court shall not authorize the payment of state 1 funds for the costs incurred in the legal representation of a 2 person represented by a privately retained attorney unless the 3 requirements of this section are satisfied. 4 2. An application for the payment of state funds for the 5 costs incurred in the legal representation of an indigent 6 person that is submitted by the privately retained attorney 7 shall be filed with the court in the county in which the case 8 was filed and include the following: 9 a. A copy of the attorney’s fee agreement for the 10 representation. 11 b. An itemized accounting of all compensation paid to the 12 attorney including the amount of any retainer. 13 c. The amount of compensation earned by the attorney. 14 d. Information on any expected additional costs to be paid 15 or owed by the represented person to the attorney for the 16 representation. 17 e. A signed financial affidavit completed by the represented 18 person. 19 3. The attorney shall submit a copy of the application and 20 all attached documents to the state public defender. 21 4. The court shall not grant the application and authorize 22 all or a portion of the payment to be made from state funds 23 unless the court determines, after reviewing the application 24 and supporting documents, that all of the following apply: 25 a. The represented person is indigent and unable to pay for 26 the costs sought to be paid by the attorney. 27 b. The costs are reasonable and necessary for the 28 representation of the person in a case for which counsel could 29 have been appointed under section 815.10. 30 c. The moneys paid or to be paid to the attorney by or on 31 behalf of the represented person are insufficient to pay all or 32 a portion of the costs sought to be paid from state funds. 33 (1) In determining whether the moneys paid or to be paid to 34 the attorney are insufficient for purposes of this paragraph 35 -8- LSB 1172XD (8) 85 jm/rj 8/ 14

S.F. _____ H.F. _____ “c” , the court shall add the hours previously worked to the 1 hours expected to be worked to finish the case and multiply 2 that sum by the hourly rate of compensation specified under 3 section 815.7. 4 (2) If the product calculated in subparagraph (1) is 5 greater than the moneys paid or to be paid to the attorney by 6 or on behalf of the represented person, the moneys shall be 7 considered insufficient to pay all or a portion of the costs 8 sought to be paid from state funds. 9 (3) If the private attorney is retained on a flat fee 10 agreement, and a precise record of hours worked is not 11 available, the privately retained attorney shall provide the 12 court a reasonable estimate of the time expended to allow the 13 court to make the calculation pursuant to this paragraph “c” . 14 5. This section applies to payments to witnesses under 15 section 815.4, evaluators, investigators, and certified 16 shorthand reporters, and for other costs incurred in the legal 17 representation. 18 6. This section shall not be construed to restrict payment 19 of costs on behalf of an indigent person represented on a pro 20 bono basis. 21 EXPLANATION 22 This bill relates to payments from the indigent defense fund 23 by the state public defender. 24 Under the bill, an indigent defense claimant may seek 25 judicial review of the final agency action of the state 26 public defender denying or reducing an indigent defense claim 27 by filing a motion for judicial review in the court with 28 jurisdiction over the original court appointment. 29 The bill requires the motion to be filed within 20 days after 30 the final agency action. The bill also requires the motion 31 to clearly and concisely set forth the grounds for error the 32 claimant intends to rely upon when challenging the final agency 33 action of the state public defender. 34 The bill requires the motion to be set for a hearing and that 35 -9- LSB 1172XD (8) 85 jm/rj 9/ 14

S.F. _____ H.F. _____ the state public defender be provided at least 10 days’ notice 1 of the hearing. The bill does not require the state public 2 defender to file a resistance to the motion. The claimant or 3 state public defender may appear at the hearing by telephone, 4 however, if the state public defender appears by telephone, the 5 state public defender shall be responsible for initiating and 6 paying all telephone charges incurred during the hearing. 7 The bill specifies that if the state public defender is not 8 first notified and given an opportunity to be heard on a motion 9 to review a claim for payment, any court order entered after 10 the state public defender has taken action on the claim, which 11 affects the claim, is void. 12 The bill requires the claimant to prove by a preponderance of 13 the evidence that the final agency action of the state public 14 defender violated the constitutions of the United States or the 15 State of Iowa, a statute, or an administrative rule, or that 16 the final agency action was arbitrary, capricious, or an abuse 17 of discretion. 18 Under the bill, if the state public defender provides an 19 administrative procedure for review of an action on a claim, 20 the court, during judicial review, shall not consider any 21 grounds for error unless raised with the state public defender 22 prior to the final agency action, and the court is prohibited 23 from admitting new evidence that was not previously presented 24 to the state public defender. 25 The bill specifies the state public defender may adopt rules 26 to interpret and administer Code sections 229A.6 (sexually 27 violent predators), 232.11 (juvenile delinquency), 232.89 28 (child in need of assistance), 232.113 (termination of parental 29 rights in juvenile court), 232.126 (appointment of guardian 30 ad litem for family in need of assistance), 232.141 (juvenile 31 court expenses and costs), 232.179 (appointment of counsel and 32 guardian ad litem for voluntary foster care placement), 600A.6A 33 (termination of parental rights), 600A.6B (payment of attorney 34 fees for termination of parental rights), 814.11 (indigent’s 35 -10- LSB 1172XD (8) 85 jm/rj 10/ 14

S.F. _____ H.F. _____ right to counsel), and 908.2A (appointment of an attorney for 1 violations of probation or parole). 2 The bill specifies that indigent defense claims and 3 supporting documents are confidential documents under Code 4 section 22.7 but allows the state public defender to release 5 the confidential information under certain circumstances. The 6 state public defender may release the claim and supporting 7 documents to the indigent person who was the client in the 8 case. The bill specifies that summary claims data may be 9 released including the name of the attorney or vendor providing 10 services, the county in which legal services were provided, the 11 case number and name of the client unless the information is a 12 confidential juvenile record, the type of claim and case, the 13 number of hours and costs claimed, and the amount paid to the 14 claimant. 15 The bill also allows the state public defender to provide 16 indigent defense claims and supporting documents to the auditor 17 of state, the Iowa supreme court attorney disciplinary board, 18 or grievance commission, or to other state or local agencies 19 for the purpose of investigating fraud or criminal activity. 20 After completion of an employee’s probationary period, the 21 bill specifies that the state public defender may only remove 22 the employee for cause. The bill specifies that an employee of 23 the state public defender not covered by the merit system under 24 Code chapter 8A shall serve a one-year probationary period from 25 the beginning date of employment. 26 The bill establishes the gideon fellowship program for the 27 entry level hiring and training of attorneys within the office 28 of the state public defender. Under the bill, the state public 29 defender may hire up to four gideon fellows to serve under the 30 program as a public or appellate defender for up to two years. 31 The bill requires the fellows to be licensed attorneys in this 32 state and excludes the fellows from Code chapter 20 relating to 33 public collective bargaining. 34 The bill specifies that costs incurred by a guardian ad 35 -11- LSB 1172XD (8) 85 jm/rj 11/ 14

S.F. _____ H.F. _____ litem in a proceeding under Code chapter 600A (termination 1 of parental rights) shall be paid by the person filing the 2 petition under Code section 600A.5(1). 3 The bill provides that a child-placing agency licensed under 4 Code chapter 238 may file a petition to terminate parental 5 rights under Code chapter 600A. Current law specifies a 6 child-placing agency as defined in Code section 238.1 may file 7 such a petition. 8 The bill specifies that if a person filing a petition 9 to terminate parental rights under Code chapter 600A is a 10 child-placing agency licensed under Code chapter 238 or if the 11 person filing the petition is indigent, the prospective parent 12 on whose behalf the petition is filed shall be responsible for 13 the payment of reasonable attorney fees in the case, unless the 14 court determines the prospective parent on whose behalf the 15 petition is filed is indigent. 16 If a prospective parent on whose behalf a petition is filed 17 is indigent, and if the person filing the petition is indigent 18 or a child-placing agency licensed under Code chapter 238 files 19 the petition, the bill requires the appointed attorney in the 20 case to be paid reasonable attorney fees from the indigent 21 defense fund established in Code section 815.11. 22 In an appeal involving an indictable offense or denial 23 of postconviction relief, the bill specifies that if the 24 state appellate defender is unable to handle the case, the 25 state public defender may transfer the case to a local public 26 defender office, nonprofit organization, or private attorney 27 designated by the state public defender to handle such a 28 case. If after the transfer of the appeal, the attorney or 29 organization withdraws from the case, the court shall appoint 30 an attorney who has a contract with the state public defender 31 to provide such services in appellate cases. 32 In an appeal in a juvenile or termination of parental rights 33 case under Code chapter 600A, the bill specifies that if the 34 court grants permission for an attorney to withdraw from the 35 -12- LSB 1172XD (8) 85 jm/rj 12/ 14

S.F. _____ H.F. _____ appeal, the court shall appoint the state public defender’s 1 designee pursuant to Code section 13B.4. If the state public 2 defender has not made a designation pursuant to Code section 3 13B.4 to handle the type of case or the designee is unable to 4 handle the case, the bill requires the court to appoint an 5 attorney who has a contract with the state public defender to 6 provide legal services in appellate cases. 7 In all other cases not involving an indictable offense, 8 juvenile case, or termination of parental rights under Code 9 chapter 600A, the bill specifies that the court shall appoint 10 the state public defender’s designee on an appeal. If the 11 state public defender has not made a designation pursuant 12 to Code section 13B.4 to handle these types of cases or the 13 designee is unable to handle the case, the bill requires the 14 court to appoint an attorney who has a contract with the state 15 public defender to provide legal services in appellate cases. 16 The bill establishes a process for payment of state funds 17 to a privately retained attorney for the costs incurred in the 18 legal representation of a person who is later determined to be 19 indigent. 20 Under the bill, the privately retained attorney shall 21 file an application for the payment of state funds with the 22 court. The bill requires the application to include a copy of 23 the attorney’s fee agreement, an itemized accounting of all 24 compensation paid to the attorney including the amount of any 25 retainer, information on any expected additional expense paid 26 or owed to the attorney in the case, and a signed financial 27 affidavit completed by the represented person. 28 The bill requires a copy of the application to be submitted 29 to the state public defender. 30 The bill prohibits the payment of state funds to a privately 31 retained attorney unless the court determines that the 32 represented person is indigent and unable to pay for the 33 expenses sought to be paid by the attorney, the expense of the 34 attorney is reasonable and necessary for the representation of 35 -13- LSB 1172XD (8) 85 jm/rj 13/ 14

S.F. _____ H.F. _____ an indigent person for which counsel could have been appointed, 1 and the moneys paid or to be paid by or on behalf of the 2 represented person to the private attorney are insufficient to 3 pay all or a portion of the expenses sought to be paid from 4 state funds. In determining whether the moneys paid or to be 5 paid to the attorney are insufficient, the bill requires the 6 court to add the hours previously worked to the hours expected 7 to be worked to finish the case and to multiply that sum by the 8 hourly rate of compensation specified under Code section 815.7. 9 If this calculation is greater than the moneys paid or to be 10 paid by or on behalf of the represented person to the attorney, 11 the bill specifies the moneys shall be considered insufficient 12 to pay all or a portion of the expenses sought to be paid 13 from state funds, and the court may authorize the payment of 14 state funds to the extent the moneys paid or to be paid to the 15 attorney are insufficient to pay the expenses as calculated 16 by the court. If the private attorney is retained on a flat 17 fee agreement, and a precise record of hours worked is not 18 available, the bill requires the privately retained attorney to 19 provide the court a reasonable estimate of the time expended to 20 allow the court to determine whether state funds must be paid 21 to the privately retained attorney. 22 This process of the payment of state funds established in 23 the bill also applies to payments to witnesses, evaluators, 24 investigators, and certified shorthand reporters, and for other 25 costs incurred in the legal representation. However, nothing 26 in the bill should be construed to restrict payment of expenses 27 from state funds on behalf on an indigent person represented by 28 an attorney on a pro bono basis. 29 -14- LSB 1172XD (8) 85 jm/rj 14/ 14