S.F. _____ H.F. _____ Section 1. Section 13B.4, subsection 4, paragraph d, Code 1 2014, is amended by striking the paragraph. 2 Sec. 2. Section 13B.4, subsection 8, Code 2014, 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 date that the state 23 public defender provides notice of the final agency action to 24 the claimant. 25 b. Failure to seek judicial review within twenty days of 26 the date that the state public defender provides notice to the 27 claimant of final agency action as defined by the state public 28 defender shall preclude any judicial review of the action taken 29 by the state public defender. 30 c. The motion must clearly and concisely set forth the 31 grounds for error and any other grounds the claimant intends 32 to rely upon when challenging the action of the state public 33 defender. 34 2. a. The court shall set the motion for hearing and 35 -1- LSB 5287DP (5) 85 jm/rj 1/ 11

S.F. _____ H.F. _____ provide the state public defender with at least ten days’ 1 notice of the hearing. The state public defender shall not 2 be required to file a resistance to the motion for judicial 3 review. 4 b. The claimant or state public defender may participate 5 in the hearing by telephone. If the state public defender 6 participates by telephone, the state public defender shall be 7 responsible for initiating the telephone call and paying all 8 telephone charges incurred for the hearing. 9 3. The claimant shall have the burden to show by a 10 preponderance of the evidence any of the following, otherwise 11 the action of the state public defender shall be affirmed: 12 a. The action of the state public defender violates the 13 Constitution of the United States or the Constitution of the 14 State of Iowa, a statute, or an administrative rule adopted by 15 the state public defender. 16 b. The action of the state public defender is arbitrary, 17 capricious, or an abuse of discretion. 18 4. In a hearing on a motion for judicial review of an action 19 of the state public defender the following shall apply: 20 a. The state public defender’s interpretation of the rules 21 adopted by the state public defender or a statute, which the 22 state public defender is vested with discretion to interpret 23 pursuant to section 13B.4, subsection 8, is binding on the 24 court unless the interpretation is irrational, illogical, or a 25 wholly unjustifiable interpretation of the law. 26 b. Factual findings of the state public defender must be 27 accepted by the court unless not supported by substantial 28 evidence. 29 c. If the state public defender provides an administrative 30 procedure for review of an action on a claim, the court shall 31 not consider any grounds for error or any other grounds unless 32 raised with the state public defender prior to the final agency 33 action, and the court shall not admit new evidence that was 34 not presented to the state public defender prior to the final 35 -2- LSB 5287DP (5) 85 jm/rj 2/ 11

S.F. _____ H.F. _____ agency action. 1 5. If the state public defender is not first notified and 2 given an opportunity to be heard, any court order entered after 3 the state public defender has taken action on the claim, which 4 affects the claim, is void. 5 6. The decision of the court following a hearing on a motion 6 for judicial review is a final judgment appealable by either 7 the claimant or state public defender. 8 Sec. 4. Section 13B.4B, subsection 2, paragraphs c and d, 9 Code 2014, are amended to read as follows: 10 c. The state public defender may in the state public 11 defender’s sole discretion release claims and supporting 12 documents , including any information that would otherwise 13 be confidential in sections 232.147 through 232.150, to the 14 auditor of state, the Iowa supreme court attorney disciplinary 15 board, the grievance commission of the supreme court of Iowa, 16 or to other state or local agencies to the extent necessary 17 to investigate fraud or other criminal activity against the 18 attorney or vendor submitting the claim. 19 d. The state public defender may release the claim and 20 supporting documents to the court with respect to a hearing 21 held under section 13B.4, subsection 4 , paragraph “d” 13B.4A . 22 Sec. 5. Section 232.151, Code 2014, is amended to read as 23 follows: 24 232.151 Criminal penalties. 25 Any person who knowingly discloses, receives, or makes 26 use or permits the use of information derived directly or 27 indirectly from the records concerning a child referred to in 28 sections 232.147 to through 232.150 , except as provided by 29 those sections or section 13B.4B, subsection 2, paragraph “c” , 30 shall be guilty of a serious misdemeanor. 31 Sec. 6. Section 600A.6B, Code 2014, is amended to read as 32 follows: 33 600A.6B Payment of attorney fees. 34 1. A person filing a petition for termination of parental 35 -3- LSB 5287DP (5) 85 jm/rj 3/ 11

S.F. _____ H.F. _____ rights under this chapter or the person on whose behalf the 1 petition is filed shall be responsible for the payment of 2 reasonable attorney fees for services provided by counsel 3 appointed pursuant to section 600A.6A in juvenile court or in 4 an appellate proceeding initiated by the person filing the 5 petition unless the person filing the petition is a private 6 child-placing agency as defined in section 238.1 licensed under 7 chapter 238 or unless the court determines that the person 8 filing the petition or the person on whose behalf the petition 9 is filed is indigent. 10 2. If the person filing the petition is a private 11 child-placing agency as defined in section 238.1 licensed 12 under chapter 238 or if the person filing the petition or the 13 person on whose behalf the petition is filed is indigent, the 14 appointed attorney shall be paid reasonable attorney fees 15 prospective parent on whose behalf the petition is filed 16 shall be responsible for the payment of reasonable attorney 17 fees for services provided in juvenile court or an appellate 18 proceeding as determined by the state public defender for 19 counsel appointed pursuant to section 600A.6A unless the court 20 determines that the prospective parent on whose behalf the 21 petition is filed is indigent . 22 3. If the prospective parent on whose behalf the petition 23 is filed is indigent, and if the person filing the petition 24 is indigent or a private child-placing agency licensed under 25 chapter 238, the appointed counsel shall be paid reasonable 26 attorney fees as determined by the state public defender from 27 the indigent defense fund established in section 815.11. 28 3. 4. If the parent against whom the petition is filed 29 appeals a termination order under section 600A.9, subsection 1 , 30 paragraph “b” , the person who filed the petition or the person 31 on whose behalf the petition is filed shall not be responsible 32 for the payment of attorney fees for services provided by 33 counsel appointed pursuant to section 600A.6A in the appellate 34 proceeding. Instead, the appointed attorney shall be paid 35 -4- LSB 5287DP (5) 85 jm/rj 4/ 11

S.F. _____ H.F. _____ reasonable attorney fees as determined by the state public 1 defender from the indigent defense fund established pursuant 2 to section 815.11 . 3 4. 5. The state public defender shall review all the 4 claims submitted under this section subsection 3 or 4 and shall 5 have the same authority with regard to the payment of these 6 claims as the state public defender has with regard to claims 7 submitted under chapters 13B and 815 , including the authority 8 to adopt rules concerning the review and payment of claims 9 submitted. 10 Sec. 7. NEW SECTION . 815.1 Costs incurred by a privately 11 retained attorney representing an indigent person. 12 1. The court shall not authorize the payment of state 13 funds for the costs incurred in the legal representation of a 14 person represented by a privately retained attorney unless the 15 requirements of this section are satisfied. 16 2. An application for the payment of state funds for the 17 costs incurred in the legal representation of an indigent 18 person that is submitted by the privately retained attorney 19 shall be submitted in camera to the court in the county in 20 which the case was filed and include the following: 21 a. A copy of the attorney’s fee agreement for the 22 representation. 23 b. An itemized accounting of all compensation paid to the 24 attorney including the amount of any retainer. 25 c. The amount of compensation earned by the attorney. 26 d. Information on any expected additional costs to be paid 27 or owed by the represented person to the attorney for the 28 representation. 29 e. A signed financial affidavit completed by the represented 30 person. 31 3. The attorney shall submit a copy of the application and 32 all attached documents to the state public defender. 33 4. The court shall not grant the application and authorize 34 all or a portion of the payment to be made from state funds 35 -5- LSB 5287DP (5) 85 jm/rj 5/ 11

S.F. _____ H.F. _____ unless the court determines, after reviewing the application 1 and supporting documents, that all of the following apply: 2 a. The represented person is indigent and unable to pay for 3 the costs sought to be paid by the attorney. 4 b. The costs are reasonable and necessary for the 5 representation of the person in a case for which counsel could 6 have been appointed under section 815.10. 7 c. The moneys paid or to be paid to the attorney by or on 8 behalf of the represented person are insufficient to pay all or 9 a portion of the costs sought to be paid from state funds. 10 (1) In determining whether the moneys paid or to be paid to 11 the attorney are insufficient for purposes of this paragraph 12 “c” , the court shall add the hours previously worked to the 13 hours expected to be worked to finish the case and multiply 14 that sum by the hourly rate of compensation specified under 15 section 815.7. 16 (2) If the product calculated in subparagraph (1) is 17 greater than the moneys paid or to be paid to the attorney by 18 or on behalf of the represented person, the moneys shall be 19 considered insufficient to pay all or a portion of the costs 20 sought to be paid from state funds. 21 (3) If the private attorney is retained on a flat fee 22 agreement, and a precise record of hours worked is not 23 available, the privately retained attorney shall provide the 24 court a reasonable estimate of the time expended to allow the 25 court to make the calculation pursuant to this paragraph “c” . 26 5. This section applies to payments to witnesses under 27 section 815.4, evaluators, investigators, and certified 28 shorthand reporters, and for other costs incurred in the legal 29 representation. 30 6. This section shall not be construed to restrict payment 31 of costs on behalf of an indigent person represented on a pro 32 bono basis. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -6- LSB 5287DP (5) 85 jm/rj 6/ 11

S.F. _____ H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to payments from the indigent defense fund 2 by the state public defender. 3 The bill specifies the state public defender may adopt rules 4 to interpret and administer Code sections 229A.6 (sexually 5 violent predators), 232.11 (juvenile delinquency), 232.89 6 (child in need of assistance), 232.113 (termination of parental 7 rights in juvenile court), 232.126 (appointment of guardian 8 ad litem for family in need of assistance), 232.141 (juvenile 9 court expenses and costs), 232.179 (appointment of counsel and 10 guardian ad litem for voluntary foster care placement), 600A.6A 11 (termination of parental rights), 600A.6B (payment of attorney 12 fees for termination of parental rights), 814.11 (indigent’s 13 right to counsel), and 908.2A (appointment of an attorney for 14 violations of probation or parole). 15 The bill strikes the current provisions for judicial review 16 of an indigent fee claim in Code section 13B.4(4)(d) and 17 replaces this provision with new Code section 13B.4A. Under 18 the bill, an indigent defense claimant may seek judicial review 19 of the final agency action of the state public defender denying 20 or reducing an indigent defense claim by filing a motion 21 for judicial review in the court with jurisdiction over the 22 original court appointment. 23 The bill requires the motion to be filed within 20 days of 24 the date that the state public defender provides notice of the 25 final agency action to the claimant. The bill also requires 26 the motion to clearly and concisely set forth the grounds 27 for error the claimant intends to rely upon when challenging 28 the final agency action of the state public defender. Under 29 the bill, failure to seek judicial review within 20 days of 30 the notice provided by the state public defender precludes 31 any judicial review of the action taken by the state public 32 defender. 33 The bill requires the motion to be set for a hearing and that 34 the state public defender be provided at least 10 days’ notice 35 -7- LSB 5287DP (5) 85 jm/rj 7/ 11

S.F. _____ H.F. _____ of the hearing. The bill does not require the state public 1 defender to file a resistance to the motion. The claimant or 2 state public defender may appear at the hearing by telephone, 3 however, if the state public defender appears by telephone, the 4 state public defender shall be responsible for initiating and 5 paying all telephone charges incurred during the hearing. 6 The bill specifies that if the state public defender is not 7 first notified and given an opportunity to be heard on a motion 8 to review a claim for payment, any court order entered after 9 the state public defender has taken action on the claim, which 10 affects the claim, is void. 11 The bill requires the claimant to prove by a preponderance of 12 the evidence that the final agency action of the state public 13 defender violated the constitutions of the United States or the 14 State of Iowa, a statute, or an administrative rule, or that 15 the final agency action was arbitrary, capricious, or an abuse 16 of discretion. 17 Under the bill, if the state public defender provides an 18 administrative procedure for review of an action on a claim, 19 the court, during judicial review, shall not consider any 20 grounds for error unless raised with the state public defender 21 prior to the final agency action, and the court is prohibited 22 from admitting new evidence that was not previously presented 23 to the state public defender. 24 The bill also allows the state public defender to provide 25 indigent defense claims and supporting documents relating to 26 confidential juvenile records to the auditor of state, the 27 Iowa supreme court attorney disciplinary board, or grievance 28 commission, or to other state or local agencies for the purpose 29 of investigating fraud or criminal activity. Current law 30 allows the release of indigent defense claims and supporting 31 documents for the purpose of investigating fraud or criminal 32 activity but does not specifically allow for the release of 33 confidential juvenile records for the purpose of investigating 34 fraud or other criminal activity. 35 -8- LSB 5287DP (5) 85 jm/rj 8/ 11

S.F. _____ H.F. _____ The bill makes it a serious misdemeanor for a person to 1 knowingly disclose confidential juvenile information relating 2 to an indigent defense claim except as provided in Code section 3 13B.4B(2)(c). Current law allows disclosure of confidential 4 juvenile information under Code sections 232.147 through 5 232.150. 6 The bill provides that a child-placing agency licensed under 7 Code chapter 238 may file a petition to terminate parental 8 rights under Code chapter 600A. Current law specifies a 9 child-placing agency as defined in Code section 238.1 may file 10 such a petition. 11 The bill specifies that if a person filing a petition 12 to terminate parental rights under Code chapter 600A is a 13 child-placing agency licensed under Code chapter 238 or if the 14 person filing the petition is indigent, the prospective parent 15 on whose behalf the petition is filed shall be responsible for 16 the payment of reasonable attorney fees in the case, unless the 17 court determines the prospective parent on whose behalf the 18 petition is filed is indigent. 19 If a prospective parent on whose behalf a petition is filed 20 is indigent, and if the person filing the petition is indigent 21 or a child-placing agency licensed under Code chapter 238 22 files the petition, the bill requires the appointed attorney 23 in the case to be paid reasonable attorney fees as determined 24 by the state public defender from the indigent defense fund 25 established in Code section 815.11. 26 The bill establishes a process for payment of state funds 27 to a privately retained attorney for the costs incurred in the 28 legal representation of a person who is later determined to be 29 indigent. 30 Under the bill, the privately retained attorney shall submit 31 an application for the payment of state funds in camera with 32 the court in the county in which the case was filed. The bill 33 requires the application to include a copy of the attorney’s 34 fee agreement, an itemized accounting of all compensation 35 -9- LSB 5287DP (5) 85 jm/rj 9/ 11

S.F. _____ H.F. _____ paid to the attorney including the amount of any retainer, 1 information on any expected additional expense paid or owed 2 to the attorney in the case, and a signed financial affidavit 3 completed by the represented person. 4 The bill requires a copy of the application to be submitted 5 to the state public defender. 6 The bill prohibits the payment of state funds to a privately 7 retained attorney unless the court determines that the 8 represented person is indigent and unable to pay for the 9 expenses sought to be paid by the attorney, the expense of the 10 attorney is reasonable and necessary for the representation of 11 an indigent person for which counsel could have been appointed, 12 and the moneys paid or to be paid by or on behalf of the 13 represented person to the private attorney are insufficient to 14 pay all or a portion of the expenses sought to be paid from 15 state funds. In determining whether the moneys paid or to be 16 paid to the attorney are insufficient, the bill requires the 17 court to add the hours previously worked to the hours expected 18 to be worked to finish the case and to multiply that sum by the 19 hourly rate of compensation specified under Code section 815.7. 20 If this calculation is greater than the moneys paid or to be 21 paid by or on behalf of the represented person to the attorney, 22 the bill specifies the moneys shall be considered insufficient 23 to pay all or a portion of the expenses sought to be paid 24 from state funds, and the court may authorize the payment of 25 state funds to the extent the moneys paid or to be paid to the 26 attorney are insufficient to pay the expenses as calculated 27 by the court. If the private attorney is retained on a flat 28 fee agreement, and a precise record of hours worked is not 29 available, the bill requires the privately retained attorney to 30 provide the court a reasonable estimate of the time expended to 31 allow the court to determine whether state funds must be paid 32 to the privately retained attorney. 33 This process of the payment of state funds established in 34 the bill also applies to payments to witnesses, evaluators, 35 -10- LSB 5287DP (5) 85 jm/rj 10/ 11