Bill Text: IA HF592 | 2013-2014 | 85th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to payments from the indigent defense fund by the state public defender. (Formerly HSB 159) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF592 Detail]
Download: Iowa-2013-HF592-Amended.html
Bill Title: A bill for an act relating to payments from the indigent defense fund by the state public defender. (Formerly HSB 159) Effective 7-1-13.
Spectrum: Committee Bill
Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF592 Detail]
Download: Iowa-2013-HF592-Amended.html
House
File
592
-
Reprinted
HOUSE
FILE
592
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
159)
(As
Amended
and
Passed
by
the
House
April
1,
2013
)
A
BILL
FOR
An
Act
relating
to
payments
from
the
indigent
defense
fund
by
1
the
state
public
defender.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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592
Section
1.
Section
13B.4,
subsection
4,
paragraph
d,
Code
1
2013,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
13B.4,
subsection
8,
Code
2013,
is
amended
3
to
read
as
follows:
4
8.
The
state
public
defender
shall
adopt
rules,
as
5
necessary,
pursuant
to
chapter
17A
to
interpret
and
administer
6
this
chapter
,
and
chapter
815
,
and
sections
229A.6,
232.11,
7
232.89,
232.113,
232.126,
232.141,
232.179,
600A.6A,
600A.6B,
8
814.11,
and
908.2A
.
The
state
public
defender
shall
have
the
9
discretion
to
interpret
such
rules.
10
Sec.
3.
NEW
SECTION
.
13B.4A
Judicial
review
of
agency
11
action.
12
1.
Notwithstanding
chapter
17A,
a
claimant
for
payment
of
13
indigent
defense
costs
may
seek
judicial
review
of
the
state
14
public
defender’s
final
agency
action
denying
or
reducing
any
15
claim
by
filing
a
motion
for
judicial
review
in
the
court
with
16
jurisdiction
over
the
original
appointment.
This
section
is
17
the
sole
and
exclusive
method
of
seeking
judicial
review
of
the
18
state
public
defender’s
action
on
any
claim
for
payment.
19
a.
A
claimant
may
only
file
the
motion
after
the
state
20
public
defender
has
taken
final
agency
action,
as
defined
by
21
the
state
public
defender,
on
the
claim,
and
the
claimant
must
22
file
the
motion
within
twenty
days
of
the
date
that
the
state
23
public
defender
provides
notice
of
the
final
agency
action
to
24
the
claimant.
25
b.
Failure
to
seek
judicial
review
within
twenty
days
of
26
the
date
that
the
state
public
defender
provides
notice
to
the
27
claimant
of
the
final
agency
action
as
defined
by
the
state
28
public
defender
shall
preclude
any
judicial
review
of
the
29
action
taken
by
the
state
public
defender.
30
c.
The
motion
must
clearly
and
concisely
set
forth
the
31
grounds
for
error
and
any
other
grounds
the
claimant
intends
32
to
rely
upon
when
challenging
the
action
of
the
state
public
33
defender.
34
2.
a.
The
court
shall
set
the
motion
for
hearing
and
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provide
the
state
public
defender
with
at
least
ten
days’
1
notice
of
the
hearing.
The
state
public
defender
shall
not
2
be
required
to
file
a
resistance
to
the
motion
for
judicial
3
review.
4
b.
The
claimant
or
state
public
defender
may
participate
5
in
the
hearing
by
telephone.
If
the
state
public
defender
6
participates
by
telephone,
the
state
public
defender
shall
be
7
responsible
for
initiating
the
telephone
call
and
paying
all
8
telephone
charges
incurred
for
the
hearing.
9
3.
The
claimant
shall
have
the
burden
to
show
by
a
10
preponderance
of
the
evidence
any
of
the
following,
otherwise
11
the
action
of
the
state
public
defender
shall
be
affirmed:
12
a.
The
action
of
the
state
public
defender
violates
the
13
Constitution
of
the
United
States
or
the
Constitution
of
the
14
State
of
Iowa,
a
statute,
or
an
administrative
rule
adopted
by
15
the
state
public
defender.
16
b.
The
action
of
the
state
public
defender
is
arbitrary,
17
capricious,
or
an
abuse
of
discretion.
18
4.
In
a
hearing
on
a
motion
for
judicial
review
of
an
action
19
of
the
state
public
defender
the
following
shall
apply:
20
a.
The
state
public
defender’s
interpretation
of
the
rules
21
adopted
by
the
state
public
defender
or
a
statute,
which
the
22
state
public
defender
is
vested
with
discretion
to
interpret
23
pursuant
to
section
13B.4,
subsection
8,
is
binding
on
the
24
court
unless
the
interpretation
is
irrational,
illogical,
or
a
25
wholly
unjustifiable
interpretation
of
the
law.
26
b.
Factual
findings
of
the
state
public
defender
must
be
27
accepted
by
the
court
unless
not
supported
by
substantial
28
evidence.
29
c.
If
the
state
public
defender
provides
an
administrative
30
procedure
for
review
of
an
action
on
a
claim,
the
court
shall
31
not
consider
any
grounds
for
error
or
any
other
grounds
unless
32
raised
with
the
state
public
defender
prior
to
the
final
agency
33
action,
and
the
court
shall
not
admit
new
evidence
that
was
34
not
presented
to
the
state
public
defender
prior
to
the
final
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agency
action.
1
5.
If
the
state
public
defender
is
not
first
notified
and
2
given
an
opportunity
to
be
heard,
any
court
order
entered
after
3
the
state
public
defender
has
taken
action
on
the
claim,
which
4
affects
the
claim,
is
void.
5
6.
The
decision
of
the
court
following
a
hearing
on
a
motion
6
for
judicial
review
is
a
final
judgment
appealable
by
either
7
the
claimant
or
state
public
defender.
8
Sec.
4.
NEW
SECTION
.
13B.4B
Confidentiality
of
indigent
9
defense
claim
records.
10
1.
A
claim
for
compensation
and
reimbursement
for
legal
11
assistance
and
supporting
documents
submitted
to
the
state
12
public
defender
for
payment
of
costs
incurred
in
the
legal
13
representation
of
an
indigent
person
from
the
indigent
defense
14
fund
established
in
section
815.11
shall
be
kept
confidential
15
by
the
state
public
defender
except
as
otherwise
provided
in
16
subsection
2.
17
2.
a.
The
claim
and
supporting
documents
shall
be
released
18
to
the
client
on
whose
behalf
the
costs
were
incurred,
or
the
19
client’s
designee,
upon
written
request
by
the
client.
20
b.
Summary
claims
data
may
be
released
if
the
data
contains
21
no
information
that
is
required
to
be
kept
confidential
22
pursuant
to
an
attorney’s
obligations
under
the
Iowa
rules
of
23
professional
conduct.
Such
summary
data
may
include:
24
(1)
The
name
of
the
attorney
or
vendor
who
provided
the
25
legal
services.
26
(2)
The
name
of
the
county
in
which
legal
services
were
27
provided.
28
(3)
The
case
number
and
name
of
the
client
unless
the
29
information
is
a
confidential
juvenile
record
under
section
30
232.147.
31
(4)
The
type
of
claim
and
the
type
of
cases
for
which
legal
32
services
were
provided.
33
(5)
The
number
of
hours
and
expenses
claimed,
and
the
total
34
amount
paid.
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c.
The
state
public
defender
may
in
the
state
public
1
defender’s
sole
discretion
release
claims
and
supporting
2
documents
to
the
auditor
of
state,
the
Iowa
supreme
court
3
attorney
disciplinary
board,
the
grievance
commission
of
the
4
supreme
court
of
Iowa,
or
to
other
state
or
local
agencies
to
5
the
extent
necessary
to
investigate
fraud
or
other
criminal
6
activity
against
the
attorney
or
vendor
submitting
the
claim.
7
d.
The
state
public
defender
may
release
the
claim
and
8
supporting
documents
to
the
court
with
respect
to
a
hearing
9
held
under
section
13B.4A.
10
Sec.
5.
Section
22.7,
Code
2013,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
10.
A
claim
for
compensation
and
13
reimbursement
for
legal
assistance
and
supporting
documents
14
submitted
to
the
state
public
defender
for
payment
from
15
the
indigent
defense
fund
established
in
section
815.11,
as
16
provided
in
section
13B.4B.
17
Sec.
6.
Section
232.147,
subsection
3,
Code
2013,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
h.
The
state
public
defender.
20
Sec.
7.
Section
814.11,
subsections
2,
3,
and
4,
Code
2013,
21
are
amended
to
read
as
follows:
22
2.
a.
If
the
appeal
involves
an
indictable
offense
or
23
denial
of
postconviction
relief,
the
appointment
shall
be
made
24
to
the
state
appellate
defender
unless
the
state
appellate
25
defender
notifies
the
court
that
the
state
appellate
defender
26
is
unable
to
handle
the
case.
27
b.
If
the
state
appellate
defender
is
unable
to
handle
28
the
case,
the
state
public
defender
may
transfer
the
case
to
29
a
local
public
defender
office,
nonprofit
organization,
or
30
private
attorney
designated
by
the
state
public
defender
to
31
handle
such
a
case.
The
state
appellate
defender
shall
notify
32
the
supreme
court
of
the
transfer
of
a
case,
and
upon
such
33
notification
the
responsibility
of
the
state
appellate
defender
34
in
the
case
terminates.
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c.
If,
after
transfer
of
the
case
to
a
local
public
defender
1
office,
nonprofit
organization,
or
private
attorney,
the
local
2
public
defender
office,
nonprofit
organization,
or
private
3
attorney
withdraws
from
the
case,
the
court
shall
appoint
an
4
attorney
who
has
a
contract
with
the
state
public
defender
to
5
provide
legal
services
in
appellate
cases.
6
3.
a.
In
a
juvenile
case
under
chapter
232
or
a
proceeding
7
under
chapter
600A
,
the
trial
attorney
shall
continue
8
representation
throughout
the
appeal
without
an
additional
9
appointment
order
unless
the
court
grants
the
attorney
10
permission
to
withdraw
from
the
case.
11
b.
If
the
court
grants
the
attorney
permission
to
withdraw,
12
the
court
shall
appoint
the
state
public
defender’s
designee
13
pursuant
to
section
13B.4.
14
c.
If
the
state
public
defender
has
not
made
a
designation
15
pursuant
to
section
13B.4
to
handle
the
type
of
case
or
the
16
state
public
defender’s
designee
is
unable
to
handle
the
case,
17
the
court
shall
appoint
an
attorney
who
has
a
contract
with
the
18
state
public
defender
to
provide
legal
services
in
appellate
19
cases.
20
4.
a.
In
all
other
cases
not
specified
in
subsection
2
or
21
3
,
or
except
as
otherwise
provided
in
this
section
,
the
court
22
shall
appoint
the
state
public
defender’s
designee
pursuant
to
23
section
13B.4.
24
b.
If
the
state
public
defender
has
not
made
a
designation
25
pursuant
to
section
13B.4
to
handle
these
other
types
of
cases
26
or
the
state
public
defender’s
designee
is
unable
to
handle
27
the
case,
the
court
shall
appoint
an
attorney
to
represent
28
an
indigent
person
who
has
a
contract
with
the
state
public
29
defender
to
provide
legal
services
in
appellate
cases.
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