Bill Text: IA SF2231 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the practices and procedures of the state public defender. (Formerly SSB 3061.) Effective 7-1-12.

Sponsorship: Committee Bill

Status: (Passed) 2012-04-09 - Signed by Governor. S.J. 753. [SF2231 Detail]

Download: Iowa-2011-SF2231-Enrolled.html

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Senate File 2231
AN ACT
RELATING TO THE PRACTICES AND PROCEDURES OF THE STATE PUBLIC
DEFENDER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 13B.4, subsections 2 and 3, Code 2011,
are amended to read as follows:
2. The state public defender shall file a notice with the
clerk of the district court in each county served by a public
defender designating which public defender office shall receive
notice of appointment of cases. The state public defender may
also enter into a contract with a nonprofit organization or
an attorney, designating that the nonprofit organization or
attorney provide legal services to eligible indigent persons as
the state public defender’s designee. The state public

Senate File 2231, p. 2
defender may also designate a person admitted to practice law
in this state or a nonprofit organization employing persons
admitted to practice law in this state to be appointed by the
court as a designee of the state public defender. In each
county in which the state public defender files a designation,
the state public defender’s designee shall be appointed by the
court to represent all eligible persons or to serve as guardian
ad litem for eligible children in juvenile court in all cases
and proceedings specified in the designation. The appointment
shall not be made if the state public defender or the state
public defender’s designee notifies the court that the state
public defender’s designee will not provide services in certain
cases as identified in the designation by the state public
defender.
3. The state public defender may contract with persons
admitted to practice law in this state and nonprofit
organizations employing persons admitted to practice law in
this state for the provision of legal services to indigent
persons. The contract may incorporate administrative rules
into the terms of the contract or expressly provide that
payments may be paid that are other than on an hourly rate
basis for legal services provided, including but not limited to
a fixed rate per case or per month.
Sec. 2. Section 13B.9, subsection 1, paragraphs a and b,
Code 2011, are amended to read as follows:
a. Represent without fee an indigent person who is under
arrest or charged with a crime if the indigent person requests
representation or the court orders representation when the type
of case, the county, and the court have been designated for
such representation by the state public defender . The local
public defender shall counsel and defend an indigent defendant
at every stage of the criminal proceedings and prosecute
before or after conviction any appeals or other remedies which
the local public defender considers to be in the interest of
justice unless other counsel is appointed to the case.
b. Represent an indigent party, without fee and upon an
order of the court, in child in need of assistance, family in
need of assistance, delinquency, and termination of parental
rights proceedings pursuant to chapter 232 in a county served
by a public defender when designated by the state public
defender to represent the indigent party in the type of case
for that county . The local public defender shall counsel and
represent an indigent party in all proceedings pursuant to

Senate File 2231, p. 3
chapter 232 in a county served by a public defender to which
the local public defender is appointed and prosecute before or
after judgment any appeals or other remedies which the local
public defender considers to be in the interest of justice
unless other counsel is appointed to the case.
Sec. 3. Section 13B.9, subsection 4, paragraph a, Code 2011,
is amended to read as follows:
a. If a conflict of interest arises or if the local public
defender is unable to handle a case because of a temporary
overload of cases, the local public defender shall return the
case to the court. If the case is returned and the state
public defender has filed a successor designation, the court
shall appoint the successor designee. If there is no successor
designee on file, the court shall make the appointment pursuant
to section 815.10 . As used in this subsection , “successor
designee” may include another local public defender office , or a
nonprofit organization or a person admitted to practice law in
this state that has contracted with the state public defender
under section 13B.4, subsection 3 .
Sec. 4. Section 602.8107, subsection 1, Code 2011, is
amended to read as follows:
1. As used in this section , “court debt” means all fines,
penalties, court costs, fees, forfeited bail, surcharges
under chapter 911 , victim restitution, restitution for
court-appointed attorney fees or for expenses of a public
defender ordered pursuant to section 815.9 , or fees charged
pursuant to section 356.7 or 904.108 .
Sec. 5. Section 814.11, subsections 3 and 4, Code 2011, are
amended to read as follows:
3. In a juvenile case in which a petition on appeal is
required 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. If
the court grants the attorney permission to withdraw, the court
shall appoint an attorney who has a contract with the state
public defender to provide legal services in appellate cases.
4. If the state appellate defender is unable to handle the
case or withdraws from the case, or if the appeal is other
than an indictable offense or denial of postconviction relief
including a juvenile case in which a petition on appeal is not
required or a juvenile case in which the trial attorney has
withdrawn from the case, In all other cases not specified in

Senate File 2231, p. 4
subsection 2 or 3, or except as otherwise provided in this
section, the court shall appoint an attorney to represent
an indigent person who has a contract with the state public
defender to handle such an appeal provide legal services in
appellate cases .
Sec. 6. Section 815.4, Code 2011, is amended by striking the
section and inserting in lieu thereof the following:
815.4 Special witnesses for indigents.
1. An application for an expert or other witnesses under
Iowa rule of criminal procedure 2.20 shall include a statement
attesting that the attorney advised the indigent person of
the application, the expected expenses, and the potential for
reimbursement of the expenses pursuant to section 815.9.
2. a. The court shall authorize the securing of a witness
prior to the witness incurring any expenses.
b. The court shall either set in advance a maximum dollar
amount of the claim for expenses or approve the final amount of
the claim for expenses as reasonable compensation.
c. The state public defender shall only approve the claim
for the expenses of the witness if the securing of the witness
was authorized by the court and either the maximum dollar
amount of the claim for expenses was set prior to the expenses
being incurred or the court has approved the final amount of
the claim for expenses as reasonable compensation.
3. A witness secured for an indigent person under Iowa rule
of criminal procedure 2.20 shall file a claim for compensation
with the state public defender as required by the rules of the
state public defender, and the claim shall be supported by an
itemization specifying the time expended, services rendered,
and expenses incurred on behalf of the indigent person.
Sec. 7. Section 815.7, subsection 5, Code 2011, is amended
to read as follows:
5. The expenses shall include any sums as are necessary
for investigations in the interest of justice, and the cost of
obtaining the transcript of the trial record and briefs if an
appeal is filed. The attorney need not follow the case into
another county or into the appellate court unless so directed
by the court. If the attorney follows the case into another
county or into the appellate court, the attorney shall be
entitled to compensation as provided in this section . Only one
attorney fee shall be so awarded in any one case except that in
class “A” felony cases, two may be authorized if both attorneys
are appointed pursuant to section 815.10 .

Senate File 2231, p. 5
Sec. 8. Section 815.9, subsection 3, Code 2011, is amended
to read as follows:
3. If a person is granted an appointed attorney, the
person shall be required to reimburse the state for the total
cost of legal assistance provided to the person pursuant to
this section . “Legal assistance” as used in this section
shall include not only the expense of the public defender or
an appointed attorney, but also transcripts, witness fees,
expenses, and any other goods or services required by law to
be provided to an indigent person entitled to an appointed
attorney.
Sec. 9. Section 815.9, subsections 4, 5, 6, 7, and 9, Code
2011, are amended by striking the subsections and inserting in
lieu thereof the following:
4. a. If the appointed attorney is a public defender, the
attorney shall submit a report to the court specifying the
total hours of service plus expenses incurred in providing
legal assistance to the person. In a criminal case, the report
shall be submitted within ten days of the date of sentencing,
acquittal, or dismissal. In a case other than a criminal case,
the report shall be submitted within ten days of any court
ruling or the conclusion of a trial held in the case, or if the
case is dismissed within ten days of the dismissal.
b. If the appointed attorney is a private attorney or is
employed by a nonprofit organization, the state public defender
shall report to the clerk of the district court the amounts
of any approved claims for compensation and expenses paid on
behalf of a person receiving legal assistance after such claims
have been reviewed and paid by the state public defender.
5. If the person receiving legal assistance is convicted in
a criminal case, the total costs and fees incurred for legal
assistance shall be ordered paid when the reports submitted
pursuant to subsection 4 are received by the court, and the
court shall order the payment of such amounts as restitution,
to the extent to which the person is reasonably able to pay,
or order the performance of community service in lieu of such
payments, in accordance with chapter 910.
6. If the person receiving legal assistance is acquitted in
a criminal case or is a party in a case other than a criminal
case, the court shall order the payment of all or a portion of
the total costs and fees incurred for legal assistance, to the
extent the person is reasonably able to pay, after an inquiry
which includes notice and reasonable opportunity to be heard.

Senate File 2231, p. 6
7. When ordering payment of all or a portion of the total
costs and fees incurred for legal assistance under subsection
6, the court may order payment of the costs and fees in
reasonable installments as provided in section 909.3, or may
order the entire amount due and payable. If any costs and fees
are not paid at the time specified in the order of the court,
a judgment shall be entered against the person for any unpaid
amount. Such judgment may be enforced by the state in the same
manner as a civil judgment.
9. Notwithstanding subsections 3 and 6, a minor granted a
court-appointed attorney or guardian ad litem under section
232.11 in a juvenile proceeding shall not be ordered to
reimburse costs and fees incurred for legal assistance except
as otherwise provided in chapter 232.
Sec. 10. Section 815.10, subsections 1 and 2, Code 2011, are
amended to read as follows:
1. a. The court, for cause and upon its own motion or
upon application by an indigent person or a public defender,
shall appoint the state public defender’s designee pursuant
to section 13B.4 to represent an indigent person at any stage
of the criminal, postconviction, contempt, commitment under
chapter 229A , termination under chapter 600A , detention under
section 811.1A , competency under chapter 812 , parole revocation
if applicable under section 908.2A , or juvenile proceedings or
on appeal of any criminal, postconviction, contempt, commitment
under chapter 229A , termination under chapter 600A , detention
under section 811.1A , competency under chapter 812 , parole
revocation under chapter 908 , or juvenile action in which the
indigent person is entitled to legal assistance at public
expense. However, in juvenile cases, the court may directly
appoint an existing nonprofit corporation established for and
engaged in the provision of legal services for juveniles. An
appointment shall not be made unless the person is determined
to be indigent under section 815.9 . Only one attorney shall
be appointed
b. An indigent person is entitled to the appointment of
one attorney in all cases, except that in class “A” felony
cases the court may appoint two attorneys. However, in a class
“A” felony case, a person who is represented by a privately
retained attorney or by an attorney who has agreed to represent
the person is not entitled to have an attorney appointed to
represent the person based upon the indigence of the person.
2. If the state public defender or the state public

Senate File 2231, p. 7
defender’s designee is unable to represent an indigent person,
the court shall appoint an attorney who has a contract with the
state public defender to represent the person in the particular
type of case and in the county in which the case is pending .
Sec. 11. Section 815.10A, subsection 3, Code 2011, is
amended to read as follows:
3. a. An attorney shall obtain court approval prior
to exceeding the fee limitations established by the state
public defender pursuant to section 13B.4 . An attorney may
exceed the fee limitations if good cause for exceeding the fee
limitations is shown. An attorney may obtain court approval
after exceeding the fee limitations if good cause excusing
the attorney’s failure to seek approval prior to exceeding
the fee limitations is shown. However, failure to file an
application to exceed a fee limitation prior to exceeding the
fee limitation does not constitute good cause. The order
approving an application to exceed the fee limitations shall
be effective from the date of filing the application unless
the court order provides an alternative effective date. The
application and the court order approving the application to
exceed fee limitations and any other order affecting the amount
of compensation or reimbursement shall be submitted with any
claim for compensation.
b. Except for an application to exceed fee limitations by
an attorney or guardian ad litem representing a juvenile in a
juvenile proceeding, an application to exceed fee limitations
shall include a statement attesting that the attorney advised
the indigent person of the application, and the potential for
reimbursement of the attorney fees pursuant to section 815.9.
Sec. 12. Section 815.14, Code 2011, is amended to read as
follows:
815.14 Fee for public defender.
When determining the The amount of restitution for the
expense of the public defender for each case under section
910.3 , the expense of the public defender or the total cost
of legal assistance required to be reimbursed under section
815.9, subsection 3, shall be include all expenses incurred in
the representation of the person combined with the attorney
fees for the public defender calculated at the same hourly rate
of compensation specified under section 815.7 . However, the
The expense of the public defender shall not may exceed the
fee limitations established in section 13B.4 . The expense of
the public defender required to be reimbursed is subject to a

Senate File 2231, p. 8
determination of the extent to which the person is reasonably
able to pay, as provided for in section 815.9 and chapter 910.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2231, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor