Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 7 - Definitions › Rule 493-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context otherwise requires,
				the following definitions apply:
"Affidavit of financial status"
means a full
				written disclosure of all income, assets, liabilities, dependents, and other
				information required to determine if an applicant qualifies for legal
				assistance by an appointed attorney.
"Appeal"
means a proceeding, other than an
				interlocutory appeal, application for discretionary review, or juvenile court
				petition on appeal, filed with the Iowa supreme court.
"Applicant"
means a person requesting legal
				assistance by an appointed attorney.
"Appointed attorney"
means an attorney
				appointed by the court to represent an indigent person.
"Assets"
means all resources or possessions of
				the applicant.
"Attorney"
means an individual licensed to
				practice law in Iowa.
"Attorney time"
means the total time the
				attorney appointed to a case spends on in-court time, out-of-court time, and in
				travel time attributable to that specific case. Attorney time does not include
				time spent performing clerical activities.
"Case"
means all charges or allegations
				arising from the same transaction or occurrence or contained in the same trial
				information or indictment in a criminal proceeding or in the same petition in a
				civil or juvenile proceeding. A probation violation or contempt proceeding is a
				case separate from the case out of which the violation or contempt arose and
				separate from a criminal case alleging new criminal charges. Multiple probation
				revocation proceedings pending at the same time, involving the same client, and
				arising from the same transaction or occurrence are a single "case."
"Child"
or
"juvenile"
means a
				person so defined in Iowa Code chapter 232.
"Claim"
means an application or request for
				payment.
"Claimant"
means an appointed attorney or
				other person seeking reimbursement of costs or fees payable from the indigent
				defense fund.
"Claims for other professional services"
means
				claims submitted by nonattorneys, including but not limited to investigators,
				foreign language interpreters, experts, certified shorthand reporters, and
				persons conducting medical or psychological evaluations.
"Contract"
means a written agreement between
				the state public defender and an attorney to provide legal services to an
				indigent person. The contract may be for the provision of legal services at
				either the trial court level or the appellate court level.
"County base"
means the amount of expenses in
				juvenile cases for which the county remains liable pursuant to Iowa Code
				section 232.141(2).
"Court-appointed attorney"
means an attorney
				appointed by the court to represent an indigent person.
"Department"
means the department of
				inspections and appeals.
"Expert witness"
or
"expert"
means a person who is retained to render an opinion regarding an issue relevant
				to a case, whether or not the person actually testifies in court.
"Family"
or
"household"
means
				the applicant, applicant's spouse, including a common-law spouse, and
				applicant's children living in the same residence.
"Fee limitations"
means the attorney fee
				limitations established by the state public defender for specific classes of
				cases as specified in rule 493-12.6 (13B,815), together with out-of-pocket
				expenses approved by the state public defender, whether submitted by a public
				defender, by an appointed attorney pursuant to 493-Chapter 12, or by another
				professional pursuant to 493-Chapter 13.
"Fees"
means the consideration paid to an
				appointed attorney to represent an indigent person.
"Fiscal year"
means the 12-month period
				beginning July 1 and ending June 30.
"Governmental assistance program"
means any
				public assistance program from which a person is receiving assistance.
"Income"
means any money received from any
				source, including but not limited to remuneration for labor, products or
				services; money received from governmental assistance programs; tax refunds;
				prize winnings; pensions; investments; and money received from any other
				source.
"In-court time"
means time spent by an
				appointed attorney engaged before a judge or jury including, but not limited
				to, arraignments, bail hearings, pretrial conferences, pretrial motion
				hearings, evidentiary hearings, jury selection, trial, plea proceedings,
				posttrial hearings, and probation violation hearings. In-court time does not
				include time spent at foster care review board hearings, staffings, family drug
				court, or any other meetings with other state agencies.
"Indigent"
means a person entitled to an
				appointed attorney pursuant to Iowa Code section 815.9.
"Juvenile proceeding"
means a case in juvenile
				court wherein the attorney acts as guardian ad litem for the child in interest
				or provides legal counsel for the child, parent, guardian or custodian.
"Liabilities"
means all living, business or
				farming expenses and fixed debts.
"Local public defender"
means an attorney in
				the trial division of the state public defender system who performs the duties
				outlined in Iowa Code section 13B.9.
"Notice of action letter"
means a letter sent
				by the state public defender to notify the claimant that the claimant's fees or
				expenses were reduced.
"Out-of-court time"
means time actually spent
				by the attorney appointed to the case in drafting documents, case preparation,
				depositions and other discovery, client or witness interviews, investigation,
				research, brief drafting, conferences or negotiations with opposing counsel or
				the court, reviewing records, and other productive case-related time that is
				not in-court time or travel time. Out-of-court time does not include clerical
				activities.
"Paralegal time,"
which is payable from the
				indigent defense fund, means time spent in a Class A felony case at the trial
				court level in which only one attorney is appointed preparing pleadings and
				motions, reviewing transcripts, performing legal research, and interviewing
				witnesses and may include time spent in court assisting the appointed attorney.
				Paralegal time does not include typing, scheduling, answering the telephone,
				talking on the telephone except when interviewing witnesses, or other clerical
				activities or activities that duplicate work performed by the appointed
				attorney. Paralegal time is not payable in any other cases or in Class A felony
				cases in which two attorneys are appointed.
"Person"
means an individual, corporation,
				limited liability company, government or governmental subdivision or
				association, or any legal entity.
"Poverty income guidelines"
means the annual
				poverty income guidelines established by the U.S. Department of Health and
				Human Services (DHHS).
"Returned fee claim letter"
means a letter in
				which the state public defender returns the claim and notifies the claimant as
				to the reason the claim was returned.
"Rules of criminal procedure"
means the rules
				prescribed by the supreme court that govern criminal actions and proceedings in
				all courts in the state.
"State public defender"
means the state public
				defender appointed pursuant to Iowa Code chapter 13B and those other persons
				authorized to act on behalf of the state public defender.
"State public defender system"
means a system
				for providing defense services within the state by means of a centrally
				administered organization having a full-time staff.
"Written"
as used in these rules may include
				electronically transmitted communication except where a statute or rule
				expressly requires an original signature, mailing or any other special form of
				delivery other than electronic transmission.
This rule is intended to implement Iowa Code chapters 13B and
				815.