Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.7 - Reimbursement for Specific Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state
			 public defender shall reimburse the attorney for the payments made by the
			 attorney for necessary certified shorthand reporters, investigators, foreign
			 language interpreters, evaluations, and experts if the following conditions are
			 met:
a. The attorney obtained court approval
			 for a certified shorthand reporter, investigator, foreign language interpreter,
			 evaluation or expert prior to incurring any expenses with regard to
			 each.
b. A copy of each of the
			 following documents is attached to the claim:
(1) The application and court order
			 authorizing the expenditure of funds at state expense for the certified
			 shorthand reporter, investigator, foreign language interpreter, evaluation, or
			 expert. If the reimbursement is for expenses incurred by a privately retained
			 counsel representing an indigent person, the procedures and requirements of
			 rule 493-13.7 (13B,815) shall apply to the application and issuance of the order
			 and the application and order shall be in compliance with that rule, the other
			 requirements of 493-Chapter 13, and this rule.
(2) If the expenses are for services of
			 investigators, foreign language interpreters, or experts, a court order setting
			 the maximum dollar amount of the claim. If the initial court order authorizing
			 the expenditure sets the maximum amount of the claims, a subsequent order is
			 unnecessary.
(3) An itemization
			 detailing the expenses incurred, the services rendered, the date(s) on which
			 the services were rendered, the time spent on each date, and the manner in
			 which the amount of the claim for services was calculated.
(4) If the expenses are for foreign language
			 interpreters, the court order and itemization required by subparagraphs
			 12.7(1)
"b"
(2) and (3) shall be submitted on the Fee
			 Itemization Form and Court Order Approving Claim for Court Interpreter Services
			 form promulgated by the judicial branch.
(5) If the expenses are for a certified
			 shorthand reporter, any additional documentation required in 493-paragraph
			 13.2(3)
"b"
when applicable to the services provided.
(6) Documentation that the attorney has
			 already paid the funds to the certified shorthand reporter, investigator,
			 foreign language interpreter, provider of an evaluation, or expert.
c. The expenses would be payable
			 if the certified shorthand reporter, investigator, foreign language
			 interpreter, provider of an evaluation, or an expert submitted such claim
			 directly pursuant to 493-Chapter 13, except for the requirement that the claim
			 be submitted on the miscellaneous claim form promulgated by the state public
			 defender.
d. The certified
			 shorthand reporter, investigator, foreign language interpreter, provider of an
			 evaluation, or expert does not submit a claim for the same services.
e. In claims for the cost of an evaluation
			 requested by an appointed attorney, the attorney shall be reimbursed for the
			 reasonable cost of an evaluation of the client to establish a defense in the
			 case or to determine if the client is competent to stand trial. In either
			 instance, a copy of the court order authorizing the evaluation for one of these
			 specific purposes and an order approving the amount of the evaluation must
			 accompany the claim form. Claims for the cost of an evaluation to be used for
			 any other purpose, such as sentencing or placement, will not be
			 reimbursed.