Bill Text: IA SF590 | 2019-2020 | 88th General Assembly | Enrolled
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 SSB 1135.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-01 - Signed by Governor. S.J. 1196. [SF590 Detail]
Download: Iowa-2019-SF590-Enrolled.html
Senate
File
590
-
Enrolled
Senate
File
590
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
815.1
Costs
incurred
by
a
privately
retained
attorney
representing
an
indigent
person.
1.
The
court
shall
not
authorize
the
payment
of
state
funds
for
the
costs
incurred
in
the
legal
representation
of
an
indigent
person
represented
by
a
privately
retained
attorney
unless
the
requirements
of
this
section
are
satisfied.
Senate
File
590,
p.
2
2.
An
application
for
the
payment
of
state
funds
for
the
costs
incurred
in
the
legal
representation
of
an
indigent
person
that
is
submitted
by
the
privately
retained
attorney
shall
be
filed
with
the
court
in
the
county
in
which
the
case
was
filed
and
include
all
of
the
following:
a.
A
copy
of
the
attorney’s
fee
agreement
for
the
representation,
including
hourly
rate,
amount
of
retainer
or
other
moneys
received,
and
number
of
hours
of
work
completed
by
the
attorney
to
date.
b.
A
showing
that
the
costs
are
reasonable
and
necessary
for
the
representation
of
the
indigent
person
in
a
case
for
which
counsel
could
have
been
appointed
under
section
815.10.
c.
An
itemized
accounting
of
all
compensation
paid
to
the
attorney
including
the
amount
of
any
retainer.
d.
The
amount
of
compensation
earned
by
the
attorney.
e.
Information
on
any
expected
additional
costs
to
be
paid
or
owed
by
the
indigent
person
to
the
attorney
for
the
representation.
f.
A
signed
financial
affidavit
completed
by
the
indigent
person.
3.
The
privately
retained
attorney
shall
submit
a
copy
of
the
application
and
all
attached
documents
to
the
state
public
defender.
4.
The
court
shall
not
grant
the
application
and
authorize
all
or
a
portion
of
the
payment
to
be
made
from
state
funds
unless
the
court
determines,
after
reviewing
the
application
and
supporting
documents,
that
all
of
the
following
apply:
a.
The
represented
person
is
indigent
and
unable
to
pay
for
the
costs
sought
to
be
paid.
b.
The
costs
are
reasonable
and
necessary
for
the
representation
of
the
indigent
person
in
a
case
for
which
counsel
could
have
been
appointed
under
section
815.10.
c.
The
moneys
paid
or
to
be
paid
to
the
privately
retained
attorney
by
or
on
behalf
of
the
indigent
person
are
insufficient
to
pay
all
or
a
portion
of
the
costs
sought
to
be
paid
from
state
funds.
(1)
In
determining
whether
the
moneys
paid
or
to
be
paid
to
the
attorney
are
insufficient
for
purposes
of
this
paragraph
“c”
,
the
court
shall
add
the
hours
previously
worked
to
the
Senate
File
590,
p.
3
hours
expected
to
be
worked
to
finish
the
case
and
multiply
that
sum
by
the
hourly
rate
of
compensation
specified
under
section
815.7.
(2)
If
the
product
calculated
in
subparagraph
(1)
is
greater
than
the
moneys
paid
or
to
be
paid
to
the
attorney
by
or
on
behalf
of
the
indigent
person,
the
moneys
shall
be
considered
insufficient
to
pay
all
or
a
portion
of
the
costs
sought
to
be
paid
from
state
funds.
(3)
If
the
private
attorney
is
retained
on
a
flat
fee
agreement,
and
a
precise
record
of
hours
worked
is
not
available,
the
attorney
shall
provide
the
court
a
reasonable
estimate
of
the
time
expended
to
allow
the
court
to
make
the
calculation
pursuant
to
this
paragraph
“c”
.
5.
Either
the
privately
retained
attorney
for
the
indigent
person
or
a
representative
from
the
office
of
the
state
public
defender
may
participate
in
a
hearing
on
the
application
by
telephone.
6.
If
the
court
finds
the
payment
of
the
costs
incurred
or
to
be
incurred
by
a
privately
retained
attorney
are
reasonable
and
necessary,
the
order
of
the
court
shall
specify
the
maximum
amount
of
costs
which
the
attorney
may
incur
without
further
court
order,
and
that
the
actual
amount
of
such
costs
to
be
allowed
are
subject
to
review
by
the
state
public
defender
for
reasonableness.
7.
Following
entry
of
an
order
allowing
costs
to
be
incurred
by
a
privately
retained
attorney
representing
an
indigent
person,
the
attorney
or
a
claimant
referred
to
in
subsection
9
seeking
payment
or
reimbursement
for
costs
shall
submit
a
claim
for
payment
in
accordance
with
the
rules
of
the
state
public
defender.
8.
If
the
privately
retained
attorney
or
claimant
referred
to
in
subsection
9
seeking
payment
or
reimbursement
for
costs
pursuant
to
this
section
fails
to
comply
with
the
requirements
of
this
section,
the
state
public
defender
may
deny
all
or
a
part
of
the
costs
requested.
9.
This
section
applies
to
payments
to
witnesses
under
section
815.4,
evaluators,
investigators,
and
certified
shorthand
reporters,
and
for
other
costs
incurred
by
a
privately
retained
attorney
in
the
legal
representation.
Senate
File
590,
p.
4
10.
This
section
shall
not
be
construed
to
restrict
the
payment
of
costs
on
behalf
of
indigent
persons
represented
on
a
pro
bono
basis.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
590,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
