SSB 3060 (LSB 5320XD (2) 89)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to probate indigent defense fees and trial transcript fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 633.561, subsections 3 and 6, Code 2022, are amended to read as follows:
   3.  If the respondent is entitled to representation and is indigent or incapable of requesting counsel, the court shall appoint an attorney to represent the respondent. The cost of court appointed counsel for indigents, including the cost of the trial transcript, shall be assessed against the county in which the proceedings are pending. For the purposes of this subsection, the court shall find a person is indigent if the person’s income and resources do not exceed one hundred fifty percent of the federal poverty level or the person would be unable to pay such costs without prejudicing the person’s financial ability to provide economic necessities for the person or the person’s dependents.
   6.  If the court determines that it would be in the respondent’s best interest to have legal representation with respect to any proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the respondent at the expense of the respondent or the respondent’s estate, or if the respondent is indigent the cost of the court appointed attorney, including the cost of the trial transcript, shall be assessed against the county in which the proceedings are pending.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for the cost of a trial transcript to be assessed against the county in which indigent probate proceedings are pending or took place. Under current law, only the cost of the court-appointed counsel is assessed against the county and the respondent is responsible for the fee of the trial transcript.