13B.4 - DUTIES AND POWERS OF STATE PUBLIC DEFENDER.
13B.4 DUTIES AND POWERS OF STATE PUBLIC DEFENDER.
1. The state public defender shall coordinate the provision of
legal representation of all indigents under arrest or charged with a
crime, seeking postconviction relief, against whom a contempt action
is pending, in proceedings under section 811.1A or chapter 229A or
812, in juvenile proceedings, on appeal in criminal cases, and on
appeal in proceedings to obtain postconviction relief when ordered to
do so by the district court in which the judgment or order was
issued, and may provide for the representation of indigents in
proceedings instituted pursuant to chapter 908. The state public
defender shall not engage in the private practice of law.
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.
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.
4. a. The state public defender shall establish fee
limitations for particular categories of cases. The fee limitations
shall be reviewed at least every three years. In establishing and
reviewing the fee limitations, the state public defender shall
consider public input during the establishment and review process,
and any available information regarding ordinary and customary
charges for like services; the number of cases in which legal
services to indigents are anticipated; the seriousness of the charge;
an appropriate allocation of resources among the types of cases;
experience with existing hourly rates, claims, and fee limitations;
and any other factors determined to be relevant.
b. The state public defender shall establish a procedure for
the submission of all claims for payment of indigent defense costs,
including the submission of interim claims in appropriate cases.
c. The state public defender may review any claim for payment
of indigent defense costs and may take any of the following actions:
(1) If the charges are appropriate and reasonable, approve the
claim for payment.
(2) Deny the claim under any of the following circumstances:
(a) If it is not timely.
(b) If it is not payable as an indigent defense claim under
chapter 815.
(c) If it is not payable under the contract between the claimant
and the state public defender.
(d) If the claimant was appointed contrary to section 814.11 or
815.10, or the claimant failed to comply with section 814.11,
subsection 7, or section 815.10, subsection 5.
(3) Request additional information or return the claim to the
claimant, if the claim is incomplete.
(4) If any portion of the claim is excessive, notify the claimant
that the claim is excessive and will be reduced to an amount which is
not excessive, and reduce and approve the balance of the claim.
(5) If any portion of the claim is not payable within the scope
of appointment of the claimant, notify the claimant that a portion of
the claim is not within the scope of appointment and is not payable,
deny those portions of the claim that are not payable, and approve
the balance of the claim.
d. Notwithstanding chapter 17A, the claimant may seek review
of any action or intended action denying or reducing any claim by
filing a motion with the court with jurisdiction over the original
appointment for review.
(1) The motion must be filed within twenty days of any action
taken by the state public defender.
(2) The motion shall be set for hearing by the court and the
state public defender shall be provided with at least ten days'
notice of the hearing. The state public defender shall not be
required to file a resistance to the motion filed under this
paragraph "d".
(3) The state public defender or the claimant may participate by
telephone. If the state public defender participates by telephone,
the state public defender shall be responsible for initiating and
paying for all telephone charges.
(4) The filing of a motion shall not delay the payment of the
amount approved by the state public defender.
(5) If a claim or portion of the claim is denied, the action of
the state public defender shall be affirmed unless the action
conflicts with a statute or an administrative rule.
(6) If the claim is reduced for being excessive, the claimant
shall have the burden to establish by a preponderance of the evidence
that the amount of compensation and expenses is reasonable and
necessary.
(7) The decision of the court following a hearing on the motion
is a final judgment appealable by the state public defender or the
claimant.
(8) If the state public defender is not first notified and given
an opportunity to be heard, any court order entered after the state
public defender has taken action on a claim, which affects that
claim, is void.
5. In reviewing a claim for compensation submitted by an attorney
who had been retained or agreed to represent an indigent person prior
to appointment, the state public defender may consider any moneys
earned or paid to the attorney prior to the appointment in
determining whether the claim is reasonable and necessary or
excessive. The attorney shall provide the state public defender with
a copy of any representation agreement, and information on any moneys
earned or paid to the attorney prior to the appointment.
6. The state public defender is authorized to contract with
county attorneys to provide collection services related to
court-ordered indigent defense restitution.
7. The state public defender shall not revise the allocations to
the office of the state public defender and the allocations for
indigent defense of adults and juveniles, unless prior notice of the
revisions is given to the legislative services agency, the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system, and the co-chairpersons and
ranking members of the house and senate committees on appropriations.
8. The state public defender shall adopt rules, as necessary,
pursuant to chapter 17A to administer this chapter and chapter 815.
9. Executing the duties of this section shall not be deemed a
violation of section 68B.6. Section History: Early Form
[81 Acts, ch 23, § 4, 8] Section History: Recent Form
85 Acts, ch 36, §1; 88 Acts, ch 1161, §4; 89 Acts, ch 51, §1; 91
Acts, ch 268, §411, 439; 92 Acts, ch 1242, §18; 93 Acts, ch 175, §15;
94 Acts, ch 1107, §20; 94 Acts, ch 1187, §17; 96 Acts, ch 1040, §2;
99 Acts, ch 12, §1; 99 Acts, ch 135, §3--6; 99 Acts, ch 208, §46;
2000 Acts, ch 1154, §3; 2002 Acts, ch 1067, §1--5; 2002 Acts, ch
1119, §116; 2003 Acts, ch 35, §46, 49; 2003 Acts, ch 51, §1--3; 2004
Acts, ch 1040, §1--3; 2004 Acts, ch 1084, §1; 2004 Acts, ch 1091, §2;
2004 Acts, ch 1175, §195; 2005 Acts, ch 107, §1, 14; 2006 Acts, ch
1041, §2--4; 2007 Acts, ch 22, §7; 2008 Acts, ch 1061, §1; 2009 Acts,
ch 178, §23, 24
Referred to in § 13B.9, 22.7, 815.7, 815.10, 815.10A, 815.14
Intent that state public defender provide for defense of major
felony case defendants by public defenders on regional basis; 91
Acts, ch 268, § 440
Authority of state public defender in termination of parental
rights proceedings under chapter 600A, see §600A.6B