S.F. _____ H.F. _____ Section 1. Section 633.561, subsections 3 and 6, Code 2022, 1 are amended to read as follows: 2 3. If the respondent is entitled to representation and is 3 indigent or incapable of requesting counsel, the court shall 4 appoint an attorney to represent the respondent. The cost of 5 court appointed counsel for indigents , including the cost of 6 the trial transcript, shall be assessed against the county 7 in which the proceedings are pending. For the purposes of 8 this subsection , the court shall find a person is indigent if 9 the person’s income and resources do not exceed one hundred 10 fifty percent of the federal poverty level or the person would 11 be unable to pay such costs without prejudicing the person’s 12 financial ability to provide economic necessities for the 13 person or the person’s dependents. 14 6. If the court determines that it would be in the 15 respondent’s best interest to have legal representation 16 with respect to any proceedings in a guardianship or 17 conservatorship, the court may appoint an attorney to represent 18 the respondent at the expense of the respondent or the 19 respondent’s estate, or if the respondent is indigent the cost 20 of the court appointed attorney , including the cost of the 21 trial transcript, shall be assessed against the county in which 22 the proceedings are pending. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill provides for the cost of a trial transcript to 27 be assessed against the county in which indigent probate 28 proceedings are pending or took place. Under current law, only 29 the cost of the court-appointed counsel is assessed against the 30 county and the respondent is responsible for the fee of the 31 trial transcript. 32 -1- LSB 5320XD (2) 89 cm/jh 1/ 1