Bill Text: IA SSB3074 | 2013-2014 | 85th General Assembly | Introduced

Iowa Senate Study Bill 3074 (Prior Session Legislation)

Introduced

Bill Title: A study bill for an act relating to the fees and expenses of a court appointed attorney or guardian ad litem representing an indigent person in a guardianship, conservatorship, or dissolution proceeding.

Spectrum: Unknown

Status: (N/A - Dead) 0000-00-00 - In Judiciary [SSB3074 Detail]

Download: Iowa-2013-SSB3074-Introduced.html

Senate Study Bill 3074 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to the fees and expenses of a court appointed 1 attorney or guardian ad litem representing an indigent 2 person in a guardianship, conservatorship, or dissolution 3 proceeding. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5150XC (4) 85 jm/rj

S.F. _____ Section 1. Section 633.561, subsections 3 and 6, Code 2014, 1 are amended to read as follows: 2 3. If the proposed ward is entitled to representation and is 3 indigent or incapable of requesting counsel an attorney , the 4 court shall appoint an attorney to represent the proposed ward. 5 The cost of a court appointed counsel attorney for indigents 6 an indigent shall be assessed against the county in which the 7 proceedings are pending. If the cost for the court appointed 8 attorney is assessed against the county, the fees and expenses 9 of the attorney shall be assessed at the same rates established 10 by the state public defender for an attorney appointed to 11 represent an indigent party in juvenile court under section 12 13B.4. For the purposes of this subsection , the court shall 13 find a person is indigent if the person’s income and resources 14 do not exceed one hundred fifty percent of the federal poverty 15 level or the person would be unable to pay such costs without 16 prejudicing the person’s financial ability to provide economic 17 necessities for the person or the person’s dependents. 18 6. If the court determines that it would be in the ward’s 19 best interest to have legal representation with respect to 20 any proceedings in a guardianship, the court may appoint an 21 attorney to represent the ward at the expense of the ward or 22 the ward’s estate, or if the ward is indigent the cost of the 23 court appointed attorney shall be assessed against the county 24 in which the proceedings are pending. If the cost for the 25 court appointed attorney is assessed against the county, the 26 fees and expenses of the attorney shall be assessed at the same 27 rates established by the state public defender for an attorney 28 appointed to represent an indigent party in juvenile court 29 under section 13B.4. 30 Sec. 2. Section 633.575, subsections 3 and 6, Code 2014, are 31 amended to read as follows: 32 3. If the proposed ward is entitled to representation and is 33 indigent or incapable of requesting counsel an attorney , the 34 court shall appoint an attorney to represent the proposed ward. 35 -1- LSB 5150XC (4) 85 jm/rj 1/ 4

S.F. _____ The cost of court appointed counsel an attorney for indigents 1 an indigent shall be assessed against the county in which the 2 proceedings are pending. If the cost for the court appointed 3 attorney is assessed against the county, the fees and expenses 4 of the attorney shall be assessed at the same rates established 5 by the state public defender for an attorney appointed to 6 represent an indigent party in juvenile court under section 7 13B.4. For the purposes of this subsection , the court may find 8 a person is indigent if the person’s income and resources do 9 not exceed one hundred fifty percent of the federal poverty 10 level or the person would be unable to pay such costs without 11 prejudicing the person’s financial ability to provide economic 12 necessities for the person or the person’s dependents. 13 6. If the court determines that it would be in the ward’s 14 best interest to have legal representation with respect to any 15 proceedings in a conservatorship, the court may appoint an 16 attorney to represent the ward at the expense of the ward or 17 the ward’s estate, or if the ward is indigent the cost of the 18 court appointed attorney shall be assessed against the county 19 in which the proceedings are pending. If the cost for the 20 court appointed attorney is assessed against the county, the 21 fees and expenses of the attorney shall be assessed at the same 22 rates established by the state public defender for an attorney 23 appointed to represent an indigent party in juvenile court 24 under section 13B.4. 25 Sec. 3. Section 598.12, subsection 5, Code 2014, is amended 26 to read as follows: 27 5. The court shall enter an order in favor of the attorney, 28 the guardian ad litem, or an appropriate agency for fees and 29 disbursements, and the amount shall be charged against the 30 party responsible for court costs unless the court determines 31 that the party responsible for court costs is indigent, in 32 which event the fees and disbursements shall be borne by the 33 county. If the cost for the court appointed attorney or 34 guardian ad litem who is an attorney is borne by the county, 35 -2- LSB 5150XC (4) 85 jm/rj 2/ 4

S.F. _____ the fees and expenses of the attorney or guardian ad litem 1 shall be assessed at the same rates established by the state 2 public defender for an attorney appointed to represent an 3 indigent party in juvenile court under section 13B.4. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the fees and expenses of a court 8 appointed attorney or guardian ad litem representing an 9 indigent person in a guardianship, conservatorship, or 10 dissolution proceeding. 11 The bill specifies that if the cost for the court appointed 12 attorney is assessed against the county in both a guardianship 13 or conservatorship proceeding, the fees and expenses of the 14 attorney shall be assessed at the same rates established by the 15 state public defender for an attorney appointed to represent an 16 indigent party in juvenile court under Code section 13B.4. 17 Current law requires that the cost of a court appointed 18 attorney representing an indigent ward in a guardianship or 19 conservatorship proceeding be assessed against the county in 20 which the proceedings are pending but does not specify the rate 21 of compensation of the court appointed attorney. 22 The bill also specifies that if the cost for the court 23 appointed attorney or guardian ad litem who is an attorney is 24 borne by the county for representing the child of an indigent 25 person in a dissolution proceeding, the fees and expenses of 26 the attorney and guardian ad litem shall be assessed at the 27 same rates established by the state public defender for an 28 attorney appointed to represent an indigent party in juvenile 29 court under Code section 13B.4. 30 Current law requires that the cost of a court appointed 31 attorney or guardian ad litem representing a child of an 32 indigent party in a dissolution of marriage proceeding be 33 assessed against the county in which the proceedings are 34 pending but does not specify the rate of compensation of the 35 -3- LSB 5150XC (4) 85 jm/rj 3/ 4