Bill Text: IA HF675 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to payments from the indigent defense fund by the state public defender for costs incurred by a privately retained attorney representing an indigent person. (Formerly HSB 144.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-15 - Withdrawn. H.J. 858. [HF675 Detail]
Download: Iowa-2019-HF675-Introduced.html
House
File
675
-
Introduced
HOUSE
FILE
675
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
144)
A
BILL
FOR
An
Act
relating
to
payments
from
the
indigent
defense
fund
by
1
the
state
public
defender
for
costs
incurred
by
a
privately
2
retained
attorney
representing
an
indigent
person.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
815.1
Costs
incurred
by
a
privately
1
retained
attorney
representing
an
indigent
person.
2
1.
The
court
shall
not
authorize
the
payment
of
state
3
funds
for
the
costs
incurred
in
the
legal
representation
of
an
4
indigent
person
represented
by
a
privately
retained
attorney
5
unless
the
requirements
of
this
section
are
satisfied.
6
2.
An
application
for
the
payment
of
state
funds
for
the
7
costs
incurred
in
the
legal
representation
of
an
indigent
8
person
that
is
submitted
by
the
privately
retained
attorney
9
shall
be
filed
with
the
court
in
the
county
in
which
the
case
10
was
filed
and
include
all
of
the
following:
11
a.
A
copy
of
the
attorney’s
fee
agreement
for
the
12
representation,
including
hourly
rate,
amount
of
retainer
or
13
other
moneys
received,
and
number
of
hours
of
work
completed
14
by
the
attorney
to
date.
15
b.
A
showing
that
the
costs
are
reasonable
and
necessary
for
16
the
representation
of
the
indigent
person
in
a
case
for
which
17
counsel
could
have
been
appointed
under
section
815.10.
18
c.
An
itemized
accounting
of
all
compensation
paid
to
the
19
attorney
including
the
amount
of
any
retainer.
20
d.
The
amount
of
compensation
earned
by
the
attorney.
21
e.
Information
on
any
expected
additional
costs
to
be
22
paid
or
owed
by
the
indigent
person
to
the
attorney
for
the
23
representation.
24
f.
A
signed
financial
affidavit
completed
by
the
indigent
25
person.
26
3.
The
privately
retained
attorney
shall
submit
a
copy
of
27
the
application
and
all
attached
documents
to
the
state
public
28
defender.
29
4.
The
court
shall
not
grant
the
application
and
authorize
30
all
or
a
portion
of
the
payment
to
be
made
from
state
funds
31
unless
the
court
determines,
after
reviewing
the
application
32
and
supporting
documents,
that
all
of
the
following
apply:
33
a.
The
represented
person
is
indigent
and
unable
to
pay
for
34
the
costs
sought
to
be
paid.
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b.
The
costs
are
reasonable
and
necessary
for
the
1
representation
of
the
indigent
person
in
a
case
for
which
2
counsel
could
have
been
appointed
under
section
815.10.
3
c.
The
moneys
paid
or
to
be
paid
to
the
privately
4
retained
attorney
by
or
on
behalf
of
the
indigent
person
are
5
insufficient
to
pay
all
or
a
portion
of
the
costs
sought
to
be
6
paid
from
state
funds.
7
(1)
In
determining
whether
the
moneys
paid
or
to
be
paid
to
8
the
attorney
are
insufficient
for
purposes
of
this
paragraph
9
“c”
,
the
court
shall
add
the
hours
previously
worked
to
the
10
hours
expected
to
be
worked
to
finish
the
case
and
multiply
11
that
sum
by
the
hourly
rate
of
compensation
specified
under
12
section
815.7.
13
(2)
If
the
product
calculated
in
subparagraph
(1)
is
greater
14
than
the
moneys
paid
or
to
be
paid
to
the
attorney
by
or
on
15
behalf
of
the
indigent
person,
the
moneys
shall
be
considered
16
insufficient
to
pay
all
or
a
portion
of
the
costs
sought
to
be
17
paid
from
state
funds.
18
(3)
If
the
private
attorney
is
retained
on
a
flat
fee
19
agreement,
and
a
precise
record
of
hours
worked
is
not
20
available,
the
attorney
shall
provide
the
court
a
reasonable
21
estimate
of
the
time
expended
to
allow
the
court
to
make
the
22
calculation
pursuant
to
this
paragraph
“c”
.
23
5.
Either
the
privately
retained
attorney
for
the
indigent
24
person
or
a
representative
from
the
office
of
the
state
public
25
defender
may
participate
in
a
hearing
on
the
application
by
26
telephone.
27
6.
If
the
court
finds
the
payment
of
the
costs
incurred
or
28
to
be
incurred
by
a
privately
retained
attorney
are
reasonable
29
and
necessary,
the
order
of
the
court
shall
specify
the
maximum
30
amount
of
costs
which
the
attorney
may
incur
without
further
31
court
order,
and
that
the
actual
amount
of
such
costs
to
be
32
allowed
are
subject
to
review
by
the
state
public
defender
for
33
reasonableness.
34
7.
Following
entry
of
an
order
allowing
costs
to
be
incurred
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by
a
privately
retained
attorney
representing
an
indigent
1
person,
the
attorney
or
a
claimant
referred
to
in
subsection
9
2
seeking
payment
or
reimbursement
for
costs
shall
submit
a
claim
3
for
payment
in
accordance
with
the
rules
of
the
state
public
4
defender.
5
8.
If
the
privately
retained
attorney
or
claimant
referred
6
to
in
subsection
9
seeking
payment
or
reimbursement
for
costs
7
pursuant
to
this
section
fails
to
comply
with
the
requirements
8
of
this
section,
the
state
public
defender
may
deny
all
or
a
9
part
of
the
costs
requested.
10
9.
This
section
applies
to
payments
to
witnesses
under
11
section
815.4,
evaluators,
investigators,
and
certified
12
shorthand
reporters,
and
for
other
costs
incurred
by
a
13
privately
retained
attorney
in
the
legal
representation.
14
10.
This
section
shall
not
be
construed
to
restrict
the
15
payment
of
costs
on
behalf
of
indigent
persons
represented
on
16
a
pro
bono
basis.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
payments
from
the
indigent
defense
fund
21
by
the
state
public
defender
for
costs
incurred
by
a
privately
22
retained
attorney
representing
an
indigent
person.
23
The
bill
establishes
a
process
for
the
payment
of
state
funds
24
to
a
privately
retained
attorney
for
the
costs
incurred
in
the
25
legal
representation
of
a
person
who
is
later
determined
to
be
26
indigent.
27
Under
the
bill,
the
privately
retained
attorney
shall
28
file
an
application
for
the
payment
of
state
funds
with
the
29
court.
The
bill
requires
the
application
to
include
a
copy
30
of
the
attorney’s
fee
agreement,
a
showing
that
the
costs
31
are
reasonable
and
necessary,
an
itemized
accounting
of
all
32
compensation
paid
to
the
attorney
including
the
amount
of
any
33
retainer,
information
on
any
expected
additional
expense
paid
34
or
owed
to
the
attorney
in
the
case,
and
a
signed
financial
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affidavit
completed
by
the
represented
person.
1
The
bill
requires
a
copy
of
the
application
to
be
submitted
2
to
the
state
public
defender.
3
The
bill
prohibits
the
payment
of
state
funds
to
a
privately
4
retained
attorney
unless
the
court
determines
that
the
5
represented
person
is
indigent
and
unable
to
pay
for
the
6
expenses
sought
to
be
paid
by
the
attorney,
the
expense
of
the
7
attorney
is
reasonable
and
necessary
for
the
representation
of
8
an
indigent
person
for
which
counsel
could
have
been
appointed,
9
and
the
moneys
paid
or
to
be
paid
by
or
on
behalf
of
the
10
indigent
person
to
the
private
attorney
are
insufficient
to
11
pay
all
or
a
portion
of
the
expenses
sought
to
be
paid
from
12
state
funds.
In
determining
whether
the
moneys
paid
or
to
be
13
paid
to
the
attorney
are
insufficient,
the
bill
requires
the
14
court
to
add
the
hours
previously
worked
to
the
hours
expected
15
to
be
worked
to
finish
the
case
and
to
multiply
that
sum
by
the
16
hourly
rate
of
compensation
specified
under
Code
section
815.7.
17
If
this
calculation
is
greater
than
the
moneys
paid
or
to
be
18
paid
by
or
on
behalf
of
the
indigent
person
to
the
attorney,
19
the
bill
specifies
the
moneys
shall
be
considered
insufficient
20
to
pay
all
or
a
portion
of
the
expenses
sought
to
be
paid
21
from
state
funds,
and
the
court
may
authorize
the
payment
of
22
state
funds
to
the
extent
the
moneys
paid
or
to
be
paid
to
the
23
attorney
are
insufficient
to
pay
the
expenses
as
calculated
24
by
the
court.
If
the
private
attorney
is
retained
on
a
flat
25
fee
agreement,
and
a
precise
record
of
hours
worked
is
not
26
available,
the
bill
requires
the
attorney
to
provide
the
court
27
a
reasonable
estimate
of
the
time
expended
to
allow
the
court
28
to
determine
whether
state
funds
must
be
paid
to
the
attorney.
29
The
bill
provides
that
either
the
attorney
for
the
indigent
30
person
or
a
representative
of
the
office
of
the
state
public
31
defender
may
participate
in
a
hearing
on
the
application
32
by
telephone.
If
the
court
finds
the
payment
of
the
costs
33
incurred
or
to
be
incurred
by
a
privately
retained
attorney
are
34
reasonable
and
necessary,
the
order
of
the
court
shall
specify
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the
maximum
amount
of
costs
which
the
attorney
may
incur
1
without
further
court
order,
and
that
the
actual
amount
of
such
2
costs
to
be
allowed
are
subject
to
review
by
the
state
public
3
defender
for
reasonableness.
Following
entry
of
an
order
4
allowing
costs
to
be
incurred
by
a
privately
retained
attorney
5
representing
an
indigent
person,
the
attorney
or
claimant
6
seeking
payment
or
reimbursement
for
costs
shall
submit
a
claim
7
for
payment
in
accordance
with
the
rules
of
the
state
public
8
defender.
If
the
privately
retained
attorney
or
claimant
9
seeking
payment
or
reimbursement
for
such
costs
fails
to
comply
10
with
the
requirements
of
the
bill,
the
state
public
defender
11
may
deny
all
or
a
part
of
the
costs
requested.
12
This
process
of
the
payment
of
state
funds
established
in
13
the
bill
also
applies
to
payments
to
witnesses,
evaluators,
14
investigators,
and
certified
shorthand
reporters,
and
for
other
15
costs
incurred
in
the
legal
representation.
However,
nothing
16
in
the
bill
should
be
construed
to
restrict
payment
of
expenses
17
from
state
funds
on
behalf
on
an
indigent
person
represented
by
18
an
attorney
on
a
pro
bono
basis.
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