Bill Text: IA SSB1126 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A study bill for an act relating to payments from the indigent defense fund by the state public defender.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-06 - Judiciary: Taylor Chair,Dvorsky, and Whitver. [SSB1126 Detail]
Download: Iowa-2013-SSB1126-Introduced.html
Bill Title: A study bill for an act relating to payments from the indigent defense fund by the state public defender.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-06 - Judiciary: Taylor Chair,Dvorsky, and Whitver. [SSB1126 Detail]
Download: Iowa-2013-SSB1126-Introduced.html
Senate
Study
Bill
1126
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS/STATE
PUBLIC
DEFENDER
BILL)
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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H.F.
_____
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
final
agency
action.
23
b.
Failure
to
seek
judicial
review
within
twenty
days
of
24
final
agency
action
as
defined
by
the
state
public
defender
25
shall
preclude
any
judicial
review
of
the
action
taken
by
the
26
state
public
defender.
27
c.
The
motion
must
clearly
and
concisely
set
forth
the
28
grounds
for
error
and
any
other
grounds
the
claimant
intends
29
to
rely
upon
when
challenging
the
action
of
the
state
public
30
defender.
31
2.
a.
The
court
shall
set
the
motion
for
hearing
and
32
provide
the
state
public
defender
with
at
least
ten
days’
33
notice
of
the
hearing.
The
state
public
defender
shall
not
34
be
required
to
file
a
resistance
to
the
motion
for
judicial
35
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review.
1
b.
The
claimant
or
state
public
defender
may
participate
2
in
the
hearing
by
telephone.
If
the
state
public
defender
3
participates
by
telephone,
the
state
public
defender
shall
be
4
responsible
for
initiating
the
telephone
call
and
paying
all
5
telephone
charges
incurred
for
the
hearing.
6
3.
The
claimant
shall
have
the
burden
to
show
by
a
7
preponderance
of
the
evidence
any
of
the
following,
otherwise
8
the
action
of
the
state
public
defender
shall
be
affirmed:
9
a.
The
action
of
the
state
public
defender
violates
the
10
Constitution
of
the
United
States
or
the
Constitution
of
the
11
State
of
Iowa,
a
statute,
or
an
administrative
rule
adopted
by
12
the
state
public
defender.
13
b.
The
action
of
the
state
public
defender
is
arbitrary,
14
capricious,
or
an
abuse
of
discretion.
15
4.
In
a
hearing
on
a
motion
for
judicial
review
of
an
action
16
of
the
state
public
defender
the
following
shall
apply:
17
a.
The
state
public
defender’s
interpretation
of
the
rules
18
adopted
by
the
state
public
defender
or
a
statute,
which
the
19
state
public
defender
is
vested
with
discretion
to
interpret
20
pursuant
to
section
13B.4,
subsection
8,
is
binding
on
the
21
court
unless
the
interpretation
is
irrational,
illogical,
or
a
22
wholly
unjustifiable
interpretation
of
the
law.
23
b.
Factual
findings
of
the
state
public
defender
must
be
24
accepted
by
the
court
unless
not
supported
by
substantial
25
evidence.
26
c.
If
the
state
public
defender
provides
an
administrative
27
procedure
for
review
of
an
action
on
a
claim,
the
court
shall
28
not
consider
any
grounds
for
error
or
any
other
grounds
unless
29
raised
with
the
state
public
defender
prior
to
the
final
agency
30
action,
and
the
court
shall
not
admit
new
evidence
that
was
31
not
presented
to
the
state
public
defender
prior
to
the
final
32
agency
action.
33
5.
If
the
state
public
defender
is
not
first
notified
and
34
given
an
opportunity
to
be
heard,
any
court
order
entered
after
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the
state
public
defender
has
taken
action
on
the
claim,
which
1
affects
the
claim,
is
void.
2
6.
The
decision
of
the
court
following
a
hearing
on
a
motion
3
for
judicial
review
is
a
final
judgment
appealable
by
either
4
the
claimant
or
state
public
defender.
5
Sec.
4.
NEW
SECTION
.
13B.4B
Confidentiality
of
indigent
6
defense
claim
records.
7
1.
A
claim
for
compensation
and
reimbursement
for
legal
8
assistance
and
supporting
documents
submitted
to
the
state
9
public
defender
for
payment
of
costs
incurred
in
the
legal
10
representation
of
an
indigent
person
from
the
indigent
defense
11
fund
established
in
section
815.11
shall
be
kept
confidential
12
by
the
state
public
defender
except
as
otherwise
provided
in
13
subsection
2.
14
2.
a.
The
claim
and
supporting
documents
may
be
released
to
15
the
client
on
whose
behalf
the
costs
were
incurred.
16
b.
Summary
claims
data
may
be
released
if
the
data
contains
17
no
information
that
is
required
to
be
kept
confidential
18
pursuant
to
an
attorney’s
obligations
under
the
Iowa
rules
of
19
professional
conduct.
Such
summary
data
may
include:
20
(1)
The
name
of
the
attorney
or
vendor
who
provided
the
21
legal
services.
22
(2)
The
name
of
the
county
in
which
legal
services
were
23
provided.
24
(3)
The
case
number
and
name
of
the
client
unless
the
25
information
is
a
confidential
juvenile
record
under
section
26
232.147.
27
(4)
The
type
of
claim
and
the
type
of
cases
for
which
legal
28
services
were
provided.
29
(5)
The
number
of
hours
and
expenses
claimed,
and
the
total
30
amount
paid.
31
c.
The
state
public
defender
may
in
the
state
public
32
defender’s
sole
discretion
release
claims
and
supporting
33
documents
to
the
auditor
of
state,
the
Iowa
supreme
court
34
attorney
disciplinary
board,
the
grievance
commission
of
the
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supreme
court
of
Iowa,
or
to
other
state
or
local
agencies
to
1
the
extent
necessary
to
investigate
fraud
or
other
criminal
2
activity
against
the
attorney
or
vendor
submitting
the
claim.
3
d.
The
state
public
defender
may
release
the
claim
and
4
supporting
documents
to
the
court
with
respect
to
a
hearing
5
held
under
section
13B.4A.
6
Sec.
5.
Section
13B.8,
subsection
2,
Code
2013,
is
amended
7
to
read
as
follows:
8
2.
The
state
public
defender
may
appoint
and
may,
for
9
cause,
remove
the
local
public
defender,
assistant
local
10
public
defenders,
clerks,
investigators,
secretaries,
or
other
11
employees.
After
completion
of
an
employee’s
probationary
12
period,
the
state
public
defender
shall
only
remove
the
13
employee
for
cause.
An
employee
of
the
state
public
defender
14
exempt
from
the
merit
system
provisions
of
chapter
8A,
15
subchapter
IV,
shall
serve
a
one-year
probationary
period
from
16
the
beginning
date
of
employment.
Each
local
public
defender,
17
and
any
assistant
local
public
defender,
must
be
an
attorney
18
admitted
to
the
practice
of
law
before
the
Iowa
supreme
court.
19
Sec.
6.
NEW
SECTION
.
13B.12
Gideon
fellowship
program
20
established.
21
The
state
public
defender
may
establish
a
gideon
fellowship
22
program
for
the
entry
level
hiring
and
training
of
public
23
defender
attorneys.
The
state
public
defender
may
appoint
24
up
to
four
gideon
fellows
for
a
term
of
up
to
two
years
and
25
may
assign
each
fellow
to
a
local
public
defender
office
or
26
appellate
defender
office.
Each
fellow
shall
be
a
licensed
27
attorney
admitted
to
practice
law
in
this
state
prior
to
28
commencement
of
the
fellowship.
An
attorney
hired
as
a
fellow
29
shall
be
excluded
from
the
provisions
of
chapter
20.
30
Sec.
7.
Section
22.7,
Code
2013,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
10.
A
claim
for
compensation
and
33
reimbursement
for
legal
assistance
and
supporting
documents
34
submitted
to
the
state
public
defender
for
payment
from
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the
indigent
defense
fund
established
in
section
815.11,
as
1
provided
in
section
13B.4B.
2
Sec.
8.
Section
600A.6,
subsection
2,
Code
2013,
is
amended
3
to
read
as
follows:
4
2.
a.
Prior
to
the
service
of
notice
on
the
necessary
5
parties,
the
juvenile
court
shall
appoint
a
guardian
ad
litem
6
for
a
minor
child
if
the
child
does
not
have
a
guardian
or
if
7
the
interests
of
the
guardian
conflict
with
the
interests
of
8
the
child.
Such
guardian
ad
litem
shall
be
a
necessary
party
9
under
subsection
1
of
this
section
.
10
b.
A
person
who
is
appointed
as
a
guardian
ad
litem
for
11
a
minor
child
shall
not
also
be
the
attorney
for
any
party
12
other
than
the
minor
child
in
any
proceeding
involving
the
13
minor
child.
The
guardian
ad
litem
may
make
an
independent
14
investigation
of
the
interest
of
the
child
and
may
cause
15
witnesses
to
appear
before
the
court
to
provide
testimony
16
relevant
to
the
best
interest
of
the
minor
child.
17
c.
The
costs
of
the
guardian
ad
litem
shall
be
paid
by
the
18
person
filing
the
petition
under
section
600A.5,
subsection
19
1.
The
costs
are
not
payable
from
the
indigent
defense
fund
20
established
in
section
815.11.
21
Sec.
9.
Section
600A.6B,
Code
2013,
is
amended
to
read
as
22
follows:
23
600A.6B
Payment
of
attorney
fees.
24
1.
A
person
filing
a
petition
for
termination
of
parental
25
rights
under
this
chapter
or
the
person
on
whose
behalf
the
26
petition
is
filed
shall
be
responsible
for
the
payment
of
27
reasonable
attorney
fees
for
counsel
appointed
pursuant
to
28
section
600A.6A
unless
the
person
filing
the
petition
is
a
29
private
child-placing
agency
as
defined
in
section
238.1
30
licensed
under
chapter
238,
or
unless
the
court
determines
that
31
the
person
filing
the
petition
or
the
person
on
whose
behalf
32
the
petition
is
filed
is
indigent.
33
2.
If
the
person
filing
the
petition
is
a
private
34
child-placing
agency
as
defined
in
section
238.1
licensed
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under
chapter
238
or
if
the
person
filing
the
petition
or
the
1
person
on
whose
behalf
the
petition
is
filed
is
indigent,
the
2
appointed
attorney
shall
be
paid
reasonable
attorney
fees
as
3
determined
by
the
state
public
defender
prospective
parent
on
4
whose
behalf
the
petition
is
filed
shall
be
responsible
for
5
the
payment
of
reasonable
attorney
fees
for
counsel
appointed
6
pursuant
to
section
600A.6A
unless
the
court
determines
that
7
the
prospective
parent
on
whose
behalf
the
petition
is
filed
8
is
indigent
.
9
3.
The
If
the
prospective
parent
on
whose
behalf
the
10
petition
is
filed
is
indigent,
and
if
the
person
filing
the
11
petition
is
indigent
or
a
private
child-placing
agency
licensed
12
under
chapter
238,
the
appointed
attorney
shall
be
paid
13
reasonable
attorney
fees
as
determined
by
the
state
public
14
defender
from
the
indigent
defense
fund
established
in
section
15
815.11.
16
4.
The
state
public
defender
shall
review
all
the
claims
17
submitted
for
payment
under
this
section
subsection
3
and
shall
18
have
the
same
authority
with
regard
to
the
payment
of
these
19
claims
as
the
state
public
defender
has
with
regard
to
claims
20
submitted
under
chapters
13B
and
815
,
including
the
authority
21
to
adopt
rules
concerning
the
review
and
payment
of
claims
22
submitted.
23
Sec.
10.
Section
814.11,
subsections
2,
3,
and
4,
Code
2013,
24
are
amended
to
read
as
follows:
25
2.
a.
If
the
appeal
involves
an
indictable
offense
or
26
denial
of
postconviction
relief,
the
appointment
shall
be
made
27
to
the
state
appellate
defender
unless
the
state
appellate
28
defender
notifies
the
court
that
the
state
appellate
defender
29
is
unable
to
handle
the
case.
30
b.
If
the
state
appellate
defender
is
unable
to
handle
31
the
case,
the
state
public
defender
may
transfer
the
case
to
32
a
local
public
defender
office,
nonprofit
organization,
or
33
private
attorney
designated
by
the
state
public
defender
to
34
handle
such
a
case.
The
state
appellate
defender
shall
notify
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the
supreme
court
of
the
transfer
of
a
case,
and
upon
such
1
notification
the
responsibility
of
the
state
appellate
defender
2
in
the
case
terminates.
3
c.
If,
after
transfer
of
the
case
to
a
local
public
defender
4
office,
nonprofit
organization,
or
private
attorney,
the
local
5
public
defender
office,
nonprofit
organization,
or
private
6
attorney
withdraws
from
the
case,
the
court
shall
appoint
an
7
attorney
who
has
a
contract
with
the
state
public
defender
to
8
provide
legal
services
in
appellate
cases.
9
3.
a.
In
a
juvenile
case
under
chapter
232
or
a
proceeding
10
under
chapter
600A
,
the
trial
attorney
shall
continue
11
representation
throughout
the
appeal
without
an
additional
12
appointment
order
unless
the
court
grants
the
attorney
13
permission
to
withdraw
from
the
case.
14
b.
If
the
court
grants
the
attorney
permission
to
withdraw,
15
the
court
shall
appoint
the
state
public
defender’s
designee
16
pursuant
to
section
13B.4.
17
c.
If
the
state
public
defender
has
not
made
a
designation
18
pursuant
to
section
13B.4
to
handle
the
type
of
case
or
the
19
state
public
defender’s
designee
is
unable
to
handle
the
case,
20
the
court
shall
appoint
an
attorney
who
has
a
contract
with
the
21
state
public
defender
to
provide
legal
services
in
appellate
22
cases.
23
4.
a.
In
all
other
cases
not
specified
in
subsection
2
or
24
3
,
or
except
as
otherwise
provided
in
this
section
,
the
court
25
shall
appoint
the
state
public
defender’s
designee
pursuant
to
26
section
13B.4.
27
b.
If
the
state
public
defender
has
not
made
a
designation
28
pursuant
to
section
13B.4
to
handle
these
other
types
of
cases
29
or
the
state
public
defender’s
designee
is
unable
to
handle
30
the
case,
the
court
shall
appoint
an
attorney
to
represent
31
an
indigent
person
who
has
a
contract
with
the
state
public
32
defender
to
provide
legal
services
in
appellate
cases.
33
Sec.
11.
NEW
SECTION
.
815.1
Costs
incurred
by
a
privately
34
retained
attorney
representing
an
indigent
person.
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1.
The
court
shall
not
authorize
the
payment
of
state
1
funds
for
the
costs
incurred
in
the
legal
representation
of
a
2
person
represented
by
a
privately
retained
attorney
unless
the
3
requirements
of
this
section
are
satisfied.
4
2.
An
application
for
the
payment
of
state
funds
for
the
5
costs
incurred
in
the
legal
representation
of
an
indigent
6
person
that
is
submitted
by
the
privately
retained
attorney
7
shall
be
filed
with
the
court
in
the
county
in
which
the
case
8
was
filed
and
include
the
following:
9
a.
A
copy
of
the
attorney’s
fee
agreement
for
the
10
representation.
11
b.
An
itemized
accounting
of
all
compensation
paid
to
the
12
attorney
including
the
amount
of
any
retainer.
13
c.
The
amount
of
compensation
earned
by
the
attorney.
14
d.
Information
on
any
expected
additional
costs
to
be
paid
15
or
owed
by
the
represented
person
to
the
attorney
for
the
16
representation.
17
e.
A
signed
financial
affidavit
completed
by
the
represented
18
person.
19
3.
The
attorney
shall
submit
a
copy
of
the
application
and
20
all
attached
documents
to
the
state
public
defender.
21
4.
The
court
shall
not
grant
the
application
and
authorize
22
all
or
a
portion
of
the
payment
to
be
made
from
state
funds
23
unless
the
court
determines,
after
reviewing
the
application
24
and
supporting
documents,
that
all
of
the
following
apply:
25
a.
The
represented
person
is
indigent
and
unable
to
pay
for
26
the
costs
sought
to
be
paid
by
the
attorney.
27
b.
The
costs
are
reasonable
and
necessary
for
the
28
representation
of
the
person
in
a
case
for
which
counsel
could
29
have
been
appointed
under
section
815.10.
30
c.
The
moneys
paid
or
to
be
paid
to
the
attorney
by
or
on
31
behalf
of
the
represented
person
are
insufficient
to
pay
all
or
32
a
portion
of
the
costs
sought
to
be
paid
from
state
funds.
33
(1)
In
determining
whether
the
moneys
paid
or
to
be
paid
to
34
the
attorney
are
insufficient
for
purposes
of
this
paragraph
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“c”
,
the
court
shall
add
the
hours
previously
worked
to
the
1
hours
expected
to
be
worked
to
finish
the
case
and
multiply
2
that
sum
by
the
hourly
rate
of
compensation
specified
under
3
section
815.7.
4
(2)
If
the
product
calculated
in
subparagraph
(1)
is
5
greater
than
the
moneys
paid
or
to
be
paid
to
the
attorney
by
6
or
on
behalf
of
the
represented
person,
the
moneys
shall
be
7
considered
insufficient
to
pay
all
or
a
portion
of
the
costs
8
sought
to
be
paid
from
state
funds.
9
(3)
If
the
private
attorney
is
retained
on
a
flat
fee
10
agreement,
and
a
precise
record
of
hours
worked
is
not
11
available,
the
privately
retained
attorney
shall
provide
the
12
court
a
reasonable
estimate
of
the
time
expended
to
allow
the
13
court
to
make
the
calculation
pursuant
to
this
paragraph
“c”
.
14
5.
This
section
applies
to
payments
to
witnesses
under
15
section
815.4,
evaluators,
investigators,
and
certified
16
shorthand
reporters,
and
for
other
costs
incurred
in
the
legal
17
representation.
18
6.
This
section
shall
not
be
construed
to
restrict
payment
19
of
costs
on
behalf
of
an
indigent
person
represented
on
a
pro
20
bono
basis.
21
EXPLANATION
22
This
bill
relates
to
payments
from
the
indigent
defense
fund
23
by
the
state
public
defender.
24
Under
the
bill,
an
indigent
defense
claimant
may
seek
25
judicial
review
of
the
final
agency
action
of
the
state
26
public
defender
denying
or
reducing
an
indigent
defense
claim
27
by
filing
a
motion
for
judicial
review
in
the
court
with
28
jurisdiction
over
the
original
court
appointment.
29
The
bill
requires
the
motion
to
be
filed
within
20
days
after
30
the
final
agency
action.
The
bill
also
requires
the
motion
31
to
clearly
and
concisely
set
forth
the
grounds
for
error
the
32
claimant
intends
to
rely
upon
when
challenging
the
final
agency
33
action
of
the
state
public
defender.
34
The
bill
requires
the
motion
to
be
set
for
a
hearing
and
that
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the
state
public
defender
be
provided
at
least
10
days’
notice
1
of
the
hearing.
The
bill
does
not
require
the
state
public
2
defender
to
file
a
resistance
to
the
motion.
The
claimant
or
3
state
public
defender
may
appear
at
the
hearing
by
telephone,
4
however,
if
the
state
public
defender
appears
by
telephone,
the
5
state
public
defender
shall
be
responsible
for
initiating
and
6
paying
all
telephone
charges
incurred
during
the
hearing.
7
The
bill
specifies
that
if
the
state
public
defender
is
not
8
first
notified
and
given
an
opportunity
to
be
heard
on
a
motion
9
to
review
a
claim
for
payment,
any
court
order
entered
after
10
the
state
public
defender
has
taken
action
on
the
claim,
which
11
affects
the
claim,
is
void.
12
The
bill
requires
the
claimant
to
prove
by
a
preponderance
of
13
the
evidence
that
the
final
agency
action
of
the
state
public
14
defender
violated
the
constitutions
of
the
United
States
or
the
15
State
of
Iowa,
a
statute,
or
an
administrative
rule,
or
that
16
the
final
agency
action
was
arbitrary,
capricious,
or
an
abuse
17
of
discretion.
18
Under
the
bill,
if
the
state
public
defender
provides
an
19
administrative
procedure
for
review
of
an
action
on
a
claim,
20
the
court,
during
judicial
review,
shall
not
consider
any
21
grounds
for
error
unless
raised
with
the
state
public
defender
22
prior
to
the
final
agency
action,
and
the
court
is
prohibited
23
from
admitting
new
evidence
that
was
not
previously
presented
24
to
the
state
public
defender.
25
The
bill
specifies
the
state
public
defender
may
adopt
rules
26
to
interpret
and
administer
Code
sections
229A.6
(sexually
27
violent
predators),
232.11
(juvenile
delinquency),
232.89
28
(child
in
need
of
assistance),
232.113
(termination
of
parental
29
rights
in
juvenile
court),
232.126
(appointment
of
guardian
30
ad
litem
for
family
in
need
of
assistance),
232.141
(juvenile
31
court
expenses
and
costs),
232.179
(appointment
of
counsel
and
32
guardian
ad
litem
for
voluntary
foster
care
placement),
600A.6A
33
(termination
of
parental
rights),
600A.6B
(payment
of
attorney
34
fees
for
termination
of
parental
rights),
814.11
(indigent’s
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right
to
counsel),
and
908.2A
(appointment
of
an
attorney
for
1
violations
of
probation
or
parole).
2
The
bill
specifies
that
indigent
defense
claims
and
3
supporting
documents
are
confidential
documents
under
Code
4
section
22.7
but
allows
the
state
public
defender
to
release
5
the
confidential
information
under
certain
circumstances.
The
6
state
public
defender
may
release
the
claim
and
supporting
7
documents
to
the
indigent
person
who
was
the
client
in
the
8
case.
The
bill
specifies
that
summary
claims
data
may
be
9
released
including
the
name
of
the
attorney
or
vendor
providing
10
services,
the
county
in
which
legal
services
were
provided,
the
11
case
number
and
name
of
the
client
unless
the
information
is
a
12
confidential
juvenile
record,
the
type
of
claim
and
case,
the
13
number
of
hours
and
costs
claimed,
and
the
amount
paid
to
the
14
claimant.
15
The
bill
also
allows
the
state
public
defender
to
provide
16
indigent
defense
claims
and
supporting
documents
to
the
auditor
17
of
state,
the
Iowa
supreme
court
attorney
disciplinary
board,
18
or
grievance
commission,
or
to
other
state
or
local
agencies
19
for
the
purpose
of
investigating
fraud
or
criminal
activity.
20
After
completion
of
an
employee’s
probationary
period,
the
21
bill
specifies
that
the
state
public
defender
may
only
remove
22
the
employee
for
cause.
The
bill
specifies
that
an
employee
of
23
the
state
public
defender
not
covered
by
the
merit
system
under
24
Code
chapter
8A
shall
serve
a
one-year
probationary
period
from
25
the
beginning
date
of
employment.
26
The
bill
establishes
the
gideon
fellowship
program
for
the
27
entry
level
hiring
and
training
of
attorneys
within
the
office
28
of
the
state
public
defender.
Under
the
bill,
the
state
public
29
defender
may
hire
up
to
four
gideon
fellows
to
serve
under
the
30
program
as
a
public
or
appellate
defender
for
up
to
two
years.
31
The
bill
requires
the
fellows
to
be
licensed
attorneys
in
this
32
state
and
excludes
the
fellows
from
Code
chapter
20
relating
to
33
public
collective
bargaining.
34
The
bill
specifies
that
costs
incurred
by
a
guardian
ad
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litem
in
a
proceeding
under
Code
chapter
600A
(termination
1
of
parental
rights)
shall
be
paid
by
the
person
filing
the
2
petition
under
Code
section
600A.5(1).
3
The
bill
provides
that
a
child-placing
agency
licensed
under
4
Code
chapter
238
may
file
a
petition
to
terminate
parental
5
rights
under
Code
chapter
600A.
Current
law
specifies
a
6
child-placing
agency
as
defined
in
Code
section
238.1
may
file
7
such
a
petition.
8
The
bill
specifies
that
if
a
person
filing
a
petition
9
to
terminate
parental
rights
under
Code
chapter
600A
is
a
10
child-placing
agency
licensed
under
Code
chapter
238
or
if
the
11
person
filing
the
petition
is
indigent,
the
prospective
parent
12
on
whose
behalf
the
petition
is
filed
shall
be
responsible
for
13
the
payment
of
reasonable
attorney
fees
in
the
case,
unless
the
14
court
determines
the
prospective
parent
on
whose
behalf
the
15
petition
is
filed
is
indigent.
16
If
a
prospective
parent
on
whose
behalf
a
petition
is
filed
17
is
indigent,
and
if
the
person
filing
the
petition
is
indigent
18
or
a
child-placing
agency
licensed
under
Code
chapter
238
files
19
the
petition,
the
bill
requires
the
appointed
attorney
in
the
20
case
to
be
paid
reasonable
attorney
fees
from
the
indigent
21
defense
fund
established
in
Code
section
815.11.
22
In
an
appeal
involving
an
indictable
offense
or
denial
23
of
postconviction
relief,
the
bill
specifies
that
if
the
24
state
appellate
defender
is
unable
to
handle
the
case,
the
25
state
public
defender
may
transfer
the
case
to
a
local
public
26
defender
office,
nonprofit
organization,
or
private
attorney
27
designated
by
the
state
public
defender
to
handle
such
a
28
case.
If
after
the
transfer
of
the
appeal,
the
attorney
or
29
organization
withdraws
from
the
case,
the
court
shall
appoint
30
an
attorney
who
has
a
contract
with
the
state
public
defender
31
to
provide
such
services
in
appellate
cases.
32
In
an
appeal
in
a
juvenile
or
termination
of
parental
rights
33
case
under
Code
chapter
600A,
the
bill
specifies
that
if
the
34
court
grants
permission
for
an
attorney
to
withdraw
from
the
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appeal,
the
court
shall
appoint
the
state
public
defender’s
1
designee
pursuant
to
Code
section
13B.4.
If
the
state
public
2
defender
has
not
made
a
designation
pursuant
to
Code
section
3
13B.4
to
handle
the
type
of
case
or
the
designee
is
unable
to
4
handle
the
case,
the
bill
requires
the
court
to
appoint
an
5
attorney
who
has
a
contract
with
the
state
public
defender
to
6
provide
legal
services
in
appellate
cases.
7
In
all
other
cases
not
involving
an
indictable
offense,
8
juvenile
case,
or
termination
of
parental
rights
under
Code
9
chapter
600A,
the
bill
specifies
that
the
court
shall
appoint
10
the
state
public
defender’s
designee
on
an
appeal.
If
the
11
state
public
defender
has
not
made
a
designation
pursuant
12
to
Code
section
13B.4
to
handle
these
types
of
cases
or
the
13
designee
is
unable
to
handle
the
case,
the
bill
requires
the
14
court
to
appoint
an
attorney
who
has
a
contract
with
the
state
15
public
defender
to
provide
legal
services
in
appellate
cases.
16
The
bill
establishes
a
process
for
payment
of
state
funds
17
to
a
privately
retained
attorney
for
the
costs
incurred
in
the
18
legal
representation
of
a
person
who
is
later
determined
to
be
19
indigent.
20
Under
the
bill,
the
privately
retained
attorney
shall
21
file
an
application
for
the
payment
of
state
funds
with
the
22
court.
The
bill
requires
the
application
to
include
a
copy
of
23
the
attorney’s
fee
agreement,
an
itemized
accounting
of
all
24
compensation
paid
to
the
attorney
including
the
amount
of
any
25
retainer,
information
on
any
expected
additional
expense
paid
26
or
owed
to
the
attorney
in
the
case,
and
a
signed
financial
27
affidavit
completed
by
the
represented
person.
28
The
bill
requires
a
copy
of
the
application
to
be
submitted
29
to
the
state
public
defender.
30
The
bill
prohibits
the
payment
of
state
funds
to
a
privately
31
retained
attorney
unless
the
court
determines
that
the
32
represented
person
is
indigent
and
unable
to
pay
for
the
33
expenses
sought
to
be
paid
by
the
attorney,
the
expense
of
the
34
attorney
is
reasonable
and
necessary
for
the
representation
of
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an
indigent
person
for
which
counsel
could
have
been
appointed,
1
and
the
moneys
paid
or
to
be
paid
by
or
on
behalf
of
the
2
represented
person
to
the
private
attorney
are
insufficient
to
3
pay
all
or
a
portion
of
the
expenses
sought
to
be
paid
from
4
state
funds.
In
determining
whether
the
moneys
paid
or
to
be
5
paid
to
the
attorney
are
insufficient,
the
bill
requires
the
6
court
to
add
the
hours
previously
worked
to
the
hours
expected
7
to
be
worked
to
finish
the
case
and
to
multiply
that
sum
by
the
8
hourly
rate
of
compensation
specified
under
Code
section
815.7.
9
If
this
calculation
is
greater
than
the
moneys
paid
or
to
be
10
paid
by
or
on
behalf
of
the
represented
person
to
the
attorney,
11
the
bill
specifies
the
moneys
shall
be
considered
insufficient
12
to
pay
all
or
a
portion
of
the
expenses
sought
to
be
paid
13
from
state
funds,
and
the
court
may
authorize
the
payment
of
14
state
funds
to
the
extent
the
moneys
paid
or
to
be
paid
to
the
15
attorney
are
insufficient
to
pay
the
expenses
as
calculated
16
by
the
court.
If
the
private
attorney
is
retained
on
a
flat
17
fee
agreement,
and
a
precise
record
of
hours
worked
is
not
18
available,
the
bill
requires
the
privately
retained
attorney
to
19
provide
the
court
a
reasonable
estimate
of
the
time
expended
to
20
allow
the
court
to
determine
whether
state
funds
must
be
paid
21
to
the
privately
retained
attorney.
22
This
process
of
the
payment
of
state
funds
established
in
23
the
bill
also
applies
to
payments
to
witnesses,
evaluators,
24
investigators,
and
certified
shorthand
reporters,
and
for
other
25
costs
incurred
in
the
legal
representation.
However,
nothing
26
in
the
bill
should
be
construed
to
restrict
payment
of
expenses
27
from
state
funds
on
behalf
on
an
indigent
person
represented
by
28
an
attorney
on
a
pro
bono
basis.
29
-14-
LSB
1172XD
(8)
85
jm/rj
14/
14
