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Senate File 2327 - 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 enters an appearance after a
9private attorney has been appointed to represent the indigent
10person. However, in a class“A” felony case, a person who is
11represented by a privately retained attorney or by an attorney
12who has agreed to represent the person is not entitled to have
13an attorney appointed to represent the person based upon the
14indigence of the person.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the appointment of counsel for indigent
19persons by the court in certain cases.
20Current law provides that an indigent person is entitled
21to the appointment of one attorney in all cases, except that
22in class “A” felony cases the court may appoint two attorneys
23under certain circumstances.
24The bill provides that in addition to cases involving class
25“A” felonies, the court may also appoint two attorneys when
26an assistant public defender from the wrongful convictions
27division of the office of the state public defender enters
28an appearance after a private attorney has been appointed to
29represent the indigent person.
-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 enters an appearance after a
9private attorney has been appointed to represent the indigent
10person. However, in a class“A” felony case, a person who is
11represented by a privately retained attorney or by an attorney
12who has agreed to represent the person is not entitled to have
13an attorney appointed to represent the person based upon the
14indigence of the person.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the appointment of counsel for indigent
19persons by the court in certain cases.
20Current law provides that an indigent person is entitled
21to the appointment of one attorney in all cases, except that
22in class “A” felony cases the court may appoint two attorneys
23under certain circumstances.
24The bill provides that in addition to cases involving class
25“A” felonies, the court may also appoint two attorneys when
26an assistant public defender from the wrongful convictions
27division of the office of the state public defender enters
28an appearance after a private attorney has been appointed to
29represent the indigent person.
-1-as/rh