HF 317 (LSB 1942HV (1) 91)

HOUSE FILE 317

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 13)

A BILL FOR

An Act relating to indigent defense and the appointment of counsel by the court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 815.10, subsection 6, Code 2025, is amended to read as follows:
   6.  An attorney appointed under this section is not liable to a person represented by the attorney for damages as a result of a conviction in a criminal case unless the court determines in a postconviction proceeding or on direct appeal that the person’s conviction resulted from ineffective assistance of counsel, and the ineffective assistance of counsel is the proximate cause of the damage. In juvenile or civil proceedings, an attorney appointed under this section is not liable to a person represented by the attorney for damages unless it has been determined that the attorney has provided ineffective assistance of counsel, and the ineffective assistance of counsel is the proximate cause of the damage.  Any attorney appointed under this section, without the consent of the attorney, who is accused of ineffective assistance of counsel shall be treated as a state employee under chapter 669, including defense and indemnification under section 669.21.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to indigent defense and the appointment of counsel by the court.
   The bill provides that any attorney appointed by the court, without the consent of the attorney, who is accused of ineffective assistance of counsel shall be treated as a state employee under Code chapter 669 (state tort claims), including defense and indemnification under Code section 669.21, which provides that the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim.