S.F. 2327 Section 1. Section 815.10, subsection 1, paragraph b, Code 1 2022, is amended to read as follows: 2 b. An indigent person is entitled to the appointment of 3 one attorney in all cases, except that the court may appoint 4 two attorneys in class “A” felony cases the court may appoint 5 two attorneys and in cases where an assistant state public 6 defender from the wrongful convictions division of the office 7 of the state public defender enters an appearance after a 8 private attorney has been appointed to represent the indigent 9 person . However, in a class “A” felony case, a person who is 10 represented by a privately retained attorney or by an attorney 11 who has agreed to represent the person is not entitled to have 12 an attorney appointed to represent the person based upon the 13 indigence of the person. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the appointment of counsel for indigent 18 persons by the court in certain cases. 19 Current law provides that an indigent person is entitled 20 to the appointment of one attorney in all cases, except that 21 in class “A” felony cases the court may appoint two attorneys 22 under certain circumstances. 23 The bill provides that in addition to cases involving class 24 “A” felonies, the court may also appoint two attorneys when 25 an assistant public defender from the wrongful convictions 26 division of the office of the state public defender enters 27 an appearance after a private attorney has been appointed to 28 represent the indigent person. 29 -1- LSB 5230SV (2) 89 as/rh 1/ 1