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Senate Study Bill 3021 - IntroducedA Bill ForAn Act 1relating to the appointment of counsel for indigent
2persons by the court in certain cases.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 815.10, subsection 1, paragraph b, Code
22022, is amended to read as follows:
3b. An indigent person is entitled to the appointment of
4one attorney in all cases, except that the court may appoint
5two attorneys in class “A” felony cases the court may appoint
6two attorneys and in cases where an assistant state public
7defender from the wrongful convictions division of the office
8of the state public defender is appointed. However, in a class
9“A” felony case, a person who is represented by a privately
10retained attorney or by an attorney who has agreed to represent
11the person is not entitled to have an attorney appointed to
12represent the person based upon the indigence of the person.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to the appointment of counsel for indigent
17persons by the court in certain cases.
18Current law provides that an indigent person is entitled to
19the appointment of one attorney in all cases, except that in
20class “A” felony cases the court may appoint two attorneys.
21The bill provides that in addition to cases involving class
22“A” felonies, the court may also appoint two attorneys when one
23of the court-appointed attorneys is an assistant state public
24defender from the wrongful convictions division of the office
25of the state public defender.
-1-as/rh
2persons by the court in certain cases.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 815.10, subsection 1, paragraph b, Code
22022, is amended to read as follows:
3b. An indigent person is entitled to the appointment of
4one attorney in all cases, except that the court may appoint
5two attorneys in class “A” felony cases the court may appoint
6two attorneys and in cases where an assistant state public
7defender from the wrongful convictions division of the office
8of the state public defender is appointed. However, in a class
9“A” felony case, a person who is represented by a privately
10retained attorney or by an attorney who has agreed to represent
11the person is not entitled to have an attorney appointed to
12represent the person based upon the indigence of the person.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to the appointment of counsel for indigent
17persons by the court in certain cases.
18Current law provides that an indigent person is entitled to
19the appointment of one attorney in all cases, except that in
20class “A” felony cases the court may appoint two attorneys.
21The bill provides that in addition to cases involving class
22“A” felonies, the court may also appoint two attorneys when one
23of the court-appointed attorneys is an assistant state public
24defender from the wrongful convictions division of the office
25of the state public defender.
-1-as/rh