HF 592 (LSB 1172HV (2) 85)

HOUSE FILE 592

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 159)

(As Amended and Passed by the House 2013-04-01)

A BILL FOR

An Act relating to payments from the indigent defense fund by the state public defender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 13B.4, subsection 4, paragraph d, Code 2013, is amended by striking the paragraph.
    Sec. 2.  Section 13B.4, subsection 8, Code 2013, is amended to read as follows:
   8.  The state public defender shall adopt rules, as necessary, pursuant to chapter 17A to
 
interpret and administer this chapter, and chapter 815, and sections 229A.6, 232.11, 232.89, 232.113, 232.126, 232.141, 232.179, 600A.6A, 600A.6B, 814.11, and 908.2A.

The state public defender shall have the discretion to interpret such rules.
    Sec. 3.  NEW SECTION.  13B.4A  Judicial review of agency action.
   1.  Notwithstanding chapter 17A, a claimant for payment of indigent defense costs may seek judicial review of the state public defender’s final agency action denying or reducing any claim by filing a motion for judicial review in the court with jurisdiction over the original appointment. This section is the sole and exclusive method of seeking judicial review of the state public defender’s action on any claim for payment.
   a.  A claimant may only file the motion after the state public defender has taken final agency action, as defined by the state public defender, on the claim, and the claimant must file the motion within twenty days of the date that the state public defender provides notice of the final agency action to the claimant.
   b.  Failure to seek judicial review within twenty days of the date that the state public defender provides notice to the claimant of the final agency action as defined by the state public defender shall preclude any judicial review of the action taken by the state public defender.
   c.  The motion must clearly and concisely set forth the grounds for error and any other grounds the claimant intends to rely upon when challenging the action of the state public defender.
   2.
  a.  The court shall set the motion for hearing and provide the state public defender with at least ten days’ notice of the hearing. The state public defender shall not be required to file a resistance to the motion for judicial review.
   b.  The claimant or state public defender may participate in the hearing by telephone. If the state public defender participates by telephone, the state public defender shall be responsible for initiating the telephone call and paying all telephone charges incurred for the hearing.
   3.  The claimant shall have the burden to show by a preponderance of the evidence any of the following, otherwise the action of the state public defender shall be affirmed:
   a.  The action of the state public defender violates the Constitution of the United States or the Constitution of the State of Iowa, a statute, or an administrative rule adopted by the state public defender.
   b.  The action of the state public defender is arbitrary, capricious, or an abuse of discretion.
   4.  In a hearing on a motion for judicial review of an action of the state public defender the following shall apply:
   a.  The state public defender’s interpretation of the rules adopted by the state public defender or a statute, which the state public defender is vested with discretion to interpret pursuant to section 13B.4, subsection 8, is binding on the court unless the interpretation is irrational, illogical, or a wholly unjustifiable interpretation of the law.
   b.  Factual findings of the state public defender must be accepted by the court unless not supported by substantial evidence.
   c.  If the state public defender provides an administrative procedure for review of an action on a claim, the court shall not consider any grounds for error or any other grounds unless raised with the state public defender prior to the final agency action, and the court shall not admit new evidence that was not presented to the state public defender prior to the final agency action.
   5.  If the state public defender is not first notified and given an opportunity to be heard, any court order entered after the state public defender has taken action on the claim, which affects the claim, is void.
   6.  The decision of the court following a hearing on a motion for judicial review is a final judgment appealable by either the claimant or state public defender.
    Sec. 4.  NEW SECTION.  13B.4B  Confidentiality of indigent defense claim records.
   1.  A claim for compensation and reimbursement for legal assistance and supporting documents submitted to the state public defender for payment of costs incurred in the legal representation of an indigent person from the indigent defense fund established in section 815.11 shall be kept confidential by the state public defender except as otherwise provided in subsection 2.
   2.
  a.  The claim and supporting documents shall be released to the client on whose behalf the costs were incurred, or the client’s designee, upon written request by the client.
   b.  Summary claims data may be released if the data contains no information that is required to be kept confidential pursuant to an attorney’s obligations under the Iowa rules of professional conduct. Such summary data may include:
   (1)  The name of the attorney or vendor who provided the legal services.
   (2)  The name of the county in which legal services were provided.
   (3)  The case number and name of the client unless the information is a confidential juvenile record under section 232.147.
   (4)  The type of claim and the type of cases for which legal services were provided.
   (5)  The number of hours and expenses claimed, and the total amount paid.

   c.  The state public defender may in the state public defender’s sole discretion release claims and supporting documents to the auditor of state, the Iowa supreme court attorney disciplinary board, the grievance commission of the supreme court of Iowa, or to other state or local agencies to the extent necessary to investigate fraud or other criminal activity against the attorney or vendor submitting the claim.
   d.  The state public defender may release the claim and supporting documents to the court with respect to a hearing held under section 13B.4A.
    Sec. 5.  Section 22.7, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  A claim for compensation and reimbursement for legal assistance and supporting documents submitted to the state public defender for payment from the indigent defense fund established in section 815.11, as provided in section 13B.4B.
    Sec. 6.  Section 232.147, subsection 3, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  The state public defender.
    Sec. 7.  Section 814.11, subsections 2, 3, and 4, Code 2013, are amended to read as follows:
   2.
  a.  If the appeal involves an indictable offense or denial of postconviction relief, the appointment shall be made to the state appellate defender unless the state appellate defender notifies the court that the state appellate defender is unable to handle the case.
   b.  If the state appellate defender is unable to handle the case, the state public defender may transfer the case to a local public defender office, nonprofit organization, or private attorney designated by the state public defender to handle such a case. The state appellate defender shall notify the supreme court of the transfer of a case, and upon such notification the responsibility of the state appellate defender in the case terminates.

   c.  If, after transfer of the case to a local public defender office, nonprofit organization, or private attorney, the local public defender office, nonprofit organization, or private attorney withdraws from the case, the court shall appoint an attorney who has a contract with the state public defender to provide legal services in appellate cases.
   3.
  a.  In a juvenile case under chapter 232 or a proceeding under chapter 600A, the trial attorney shall continue representation throughout the appeal without an additional appointment order unless the court grants the attorney permission to withdraw from the case.
   b.  If the court grants the attorney permission to withdraw, the court shall appoint
 
the state public defender’s designee pursuant to section 13B.4.
   c.  If the state public defender has not made a designation pursuant to section 13B.4 to handle the type of case or the state public defender’s designee is unable to handle the case, the court shall appoint an attorney who has a contract with the state public defender to provide legal services in appellate cases.
   4.
  a.  In all other cases not specified in subsection 2 or 3, or except as otherwise provided in this section, the court shall appoint
 
the state public defender’s designee pursuant to section 13B.4.
   b.  If the state public defender has not made a designation pursuant to section 13B.4 to handle these other types of cases or the state public defender’s designee is unable to handle the case, the court shall appoint an attorney to represent an indigent person who has a contract with the state public defender to provide legal services in appellate cases.