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Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the entity or person for whom a waiver is being requested and the case number
			 of any related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and operative period that the waiver
			 will extend.
4. The relevant facts
			 that the petitioner believes would justify a waiver. This statement shall
			 include a signed statement from the petitioner attesting to the accuracy of the
			 facts provided in the petition and a statement of reasons that the petitioner
			 believes will justify a waiver.
5.
			 A history of any prior contacts between the state public defender and the
			 petitioner relating to the regulated activity, representation or other assigned
			 function of the state public defender that would be affected by the proposed
			 waiver, including a description of each regulated activity, representation or
			 other assigned function of the state public defender, any notices of violation,
			 contested case hearings, or investigative reports relating to the regulated
			 activity, representation or other assigned function of the state public
			 defender within the last five years.
6. Any information known to the requester
			 regarding the state public defender's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question or which might be affected by the granting of a waiver.
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the state public defender with information relevant to the
			 waiver.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				state public defender may request additional information from the petitioner
				relative to the petition and surrounding circumstances. If the petition was not
				filed in a contested case, the state public defender may, on its own motion or
				at the petitioner's request, schedule a telephonic or in-person meeting between
				the petitioner and the state public defender or state public defender's
				designee.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender shall acknowledge a petition upon
				receipt. The state public defender shall ensure that, within 30 days of the
				receipt of the petition, notice of the pendency of the petition and a concise
				summary of its contents have been provided to all persons to whom notice is
				required by any provision of law. In addition, the state public defender may
				give notice to other persons. To accomplish this notice provision, the state
				public defender may require the petitioner to serve the notice on all persons
				to whom notice is required by any provision of law and provide a written
				statement to the state public defender attesting that notice has been
				provided.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply to any petition for a waiver of a
				rule filed within a contested case and shall otherwise apply to agency
				proceedings for a waiver only when the state public defender so provides by
				rule or order or is required to do so by statute.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and operative
				period of the waiver if one is issued.
(1)
State public defender
			 discretion.
The decision on whether the circumstances justify the
			 granting of a waiver shall be made at the discretion of the state public
			 defender upon consideration of all relevant factors.
(2)
Burden of persuasion.
The petitioner has the burden of persuasion when a petition is filed for a
			 waiver from a state public defender rule. The standard of proof is clear and
			 convincing evidence.
(3)
Special waiver rules not precluded.
This chapter shall not
			 preclude the state public defender from granting waivers in other contexts or
			 on the basis of other standards if a statute authorizes the state public
			 defender to do so and the state public defender deems it appropriate to do
			 so.
(4)
Administrative
			 deadlines.
When the rule from which a waiver is sought establishes
			 administrative deadlines, the state public defender shall balance the special
			 individual circumstances of the petitioner with the overall goal of uniform
			 treatment of all persons similarly situated.
(5)
Conditions.
The state
			 public defender may condition the granting of the waiver on such reasonable
			 conditions as appropriate to achieve the objectives of the particular rule in
			 question through alternative means and in compliance with the following
			 provisions:
a. Each petition for a waiver
			 shall be evaluated by the state public defender based on the unique, individual
			 circumstances set out in the petition;
b. A waiver, if granted, shall be drafted by
			 the state public defender so as to provide the narrowest exception possible to
			 the provisions of the rule;
c. The
			 state public defender may place on a waiver a condition that the state public
			 defender finds desirable to protect the public health, safety, and
			 welfare;
d. A waiver shall not be
			 permanent, unless the petitioner can show that a temporary waiver would be
			 impracticable; and
e. If a
			 temporary waiver is granted, there is no automatic right to renewal. At the
			 sole discretion of the state public defender, a waiver may be renewed if the
			 state public defender finds that all of the factors set out in rule
			 493-6.4 (13B,17A) remain valid.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				17A.3(1)
"e,"
the state public defender shall maintain a record
				of all orders granting or denying waivers under this chapter. All final rulings
				in response to requests for waivers shall be indexed and available to members
				of the public at the state public defender's office.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.12 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				is based are not true or if material facts have been withheld. The state public
				defender may at any time cancel a waiver upon appropriate notice and hearing if
				the state public defender finds that the facts as stated in the request are not
				true, material facts have been withheld, the alternative means of compliance
				provided in the waiver have failed to achieve the objectives of the statute, or
				the requester has failed to comply with the conditions of the
				order.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.14 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the state public defender issues an order granting a
				waiver, the order is a defense within its terms and the specific facts
				indicated therein for the person to whom the order pertains in any proceeding
				in which the rule in question is sought to be invoked.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.15 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any request for an appeal from a decision granting or denying a
				waiver shall be in accordance with the procedures provided in Iowa Code chapter
				17A and state public defender rules. An appeal shall be taken within 30 days of
				the issuance of the ruling in response to the request unless a contrary time is
				provided by rule or statute.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 6 - Uniform Waiver Rules › Rule 493-6.16 - Sample Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
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Include the following information in the petition for waiver
				where applicable and known:
1. Provide
			 the petitioner's (the person who is asking for the waiver) name, address and
			 telephone number.
2. Describe and
			 cite the specific rule from which a waiver is requested.
3. Describe the specific waiver requested;
			 include the exact scope and time period that the waiver will extend.
4. Explain the important facts that the
			 petitioner believes justify the waiver. Include in your explanation (a) why
			 application of the rule would pose an undue hardship to the petitioner; (b) why
			 granting the waiver would not prejudice the substantial legal rights of any
			 person; (c) state whether the provisions of a rule subject to this petition are
			 specifically mandated by statute or another provision of law; and (d) state
			 whether public health, safety or welfare will be affected if the requested
			 waiver is granted.
5. Provide
			 history of prior contacts between the state public defender and the petitioner
			 relating to the regulated activity, license, audit, investigation, inspection
			 or representation that would be affected by the waiver. In that history,
			 include a description of each affected regulated activity, license, appeal,
			 hearing, audit, investigation, inspection, representation or other assigned
			 function of the state public defender, any notices of violation, contested case
			 hearings, or investigative reports relating to the regulated activity, license,
			 appeal, hearing, audit, investigation, inspection, representation or other
			 assigned function of the state public defender within the last five
			 years.
6. Provide information known
			 to the petitioner regarding the state public defender's treatment of similar
			 cases.
7. Provide the name, address
			 and telephone number of any public agency or political subdivision which also
			 regulates the activity in question or which might be affected by the granting
			 of a waiver.
8. Provide the name,
			 address and telephone number of any person or entity that would be adversely
			 affected or disadvantaged by the granting of the waiver.
9. Provide signed releases of information
			 authorizing persons with knowledge regarding the request to furnish the state
			 public defender with information relevant to the waiver.
I hereby attest to the accuracy and truthfulness of the above
				information.
__________________________ _________________
Petitioner's signature Date
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 10 - Eligibility Guidelines for Court-appointed Counsel › Rule 493-10.1 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
The eligibility of any person for legal assistance by an
				appointed attorney shall be determined in accordance with Iowa Code section
				815.9 and with the guidelines set forth in these rules. Any person who is
				eligible for appointed counsel shall be required by the court to repay all or a
				part of the cost of the applicant's legal assistance to the extent provided by
				law.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 10 - Eligibility Guidelines for Court-appointed Counsel › Rule 493-10.3 - Designation of Eligibility Reviewer

Current through Register Vol. 47, No. 3, July 24, 2024
The chief judge of each judicial district may designate the
				person(s) or entity to evaluate the eligibility of a person for legal
				assistance by an appointed attorney. However, the decision to appoint counsel
				remains with the court.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 10 - Eligibility Guidelines for Court-appointed Counsel › Rule 493-10.4 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming to be entitled to legal representation by
				an appointed attorney shall have an indigency evaluation before being provided
				legal representation. The applicant should provide information on an affidavit
				of financial status. This form will be prescribed by the state public defender,
				but any form containing substantially the same information will be
				accepted.
(1)
Affidavit.
The applicant shall provide information required by
			 the affidavit of financial status under penalty of perjury.
(2)
Family.
The applicant
			 shall provide information that accurately represents the number of family
			 members who are supported by or live with the applicant.
(3)
Income.
The applicant
			 shall provide information that accurately represents the total gross income
			 received or reasonably anticipated to be received by the applicant.
(4)
Household income.
The
			 applicant shall provide information that accurately represents the gross income
			 of the household in which the applicant lives. The income of a spouse need not
			 be included if the spouse is the alleged victim of the offense charged. The
			 income of a child member of the household need not be included unless the legal
			 representation is sought for the child in a delinquency proceeding.
(5)
Assets.
The applicant
			 shall provide information that accurately represents the total assets owned, in
			 whole or in part, by the applicant. This includes the requirement to disclose
			 interest in real property and tangible and intangible personal
			 property.
(6)
Liabilities.
The applicant shall provide information that
			 accurately represents the total monthly debts and expenses for which the
			 applicant is responsible. Child support and alimony payments should be included
			 only when payments have been made in a timely manner.
(7)
Nature of proceedings.
In a criminal case, the affidavit of financial status shall contain a statement
			 of the charge(s) against the defendant. In a juvenile or civil case, a
			 statement of the nature of the proceedings shall be included.
(8)
Child applicant.
If the
			 applicant is a child, the child's parent, guardian or custodian shall complete
			 the affidavit of financial status. The affidavit of financial status shall
			 include a statement of the income, assets and liabilities of the person or
			 persons having a legal obligation to support the child.
(9)
Additional information.
The applicant shall provide such additional information as may be required by
			 the court to determine the applicant's eligibility for appointed counsel. The
			 applicant has a continuing duty to update information provided in the affidavit
			 of financial status to reflect changes in the information previously
			 provided.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 10 - Eligibility Guidelines for Court-appointed Counsel › Rule 493-10.5 - Evaluation of Affidavit of Financial Status

Current through Register Vol. 47, No. 3, July 24, 2024
In determining whether counsel should be appointed to represent
				the applicant, the court should consider the following:
(1)
Family size.
The total
			 size of the applicant's household shall be used to determine eligibility for
			 appointed counsel.
(2)
Household income.
The applicant's income, or the combined
			 income of the applicant and the applicant's spouse if they are living in the
			 same residence, shall be used in determining an applicant's household income,
			 subject to the following:
a. The income of the
			 applicant's spouse shall not be considered if the spouse is the alleged victim
			 of the offense charged.
b. The
			 income of a child shall not be considered unless the child is requesting
			 representation in a delinquency case or unless the child is under a
			 conservatorship or is the beneficiary of trust proceeds.
c. In a juvenile proceeding, the income of
			 both parents shall be considered in determining whether the child is entitled
			 to appointed counsel. If a child's parents are divorced, the household income
			 of each parent shall be considered separately.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 10 - Eligibility Guidelines for Court-appointed Counsel › Rule 493-10.6 - Payment Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Payment to clerk.
An applicant who has been determined
			 eligible for appointed counsel shall pay to the office of the clerk of the
			 district court any sums ordered by the court. This order for payment may be
			 entered during or following the pendency of the action.
(2)
Wage assignments.
If the
			 applicant is employed, the applicant shall execute an assignment of the
			 applicant's wages. A portion of the applicant's wages, as determined by the
			 court, shall be paid to the office of the clerk of the district court for
			 recovery of attorney fees. This assignment of wages may be entered during or
			 following the pendency of the action.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 10 - Eligibility Guidelines for Court-appointed Counsel › Rule 493-10.7 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The state public defender shall promulgate forms to be used in
				court proceedings, including an Adult Affidavit of Financial Status, Juvenile
				Affidavit of Financial Status, Wage Assignment, and such other forms as the
				state public defender deems appropriate. Such forms shall be available at the
				administrative office of the state public defender and published on the state
				public defender's Web site at
http://spd.iowa.gov
.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter sets forth the rules for private attorneys
				entering into contracts for indigent defense legal services with the state
				public defender See 493-Chapter 7 for definitions of terms used in this
				chapter
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.2 - Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
An attorney may enter into a contract with the state public
				defender for the provision of legal services to indigent persons.
(1) Eligibility. To be eligible to contract
			 with the state public defender, an attorney must be licensed to practice law in
			 the state of Iowa and must meet the minimum qualification requirements for
			 contracting as set forth in rule
			 493-11.3 (13B) for the types of
			 cases for which the attorney is contracting.
(2) Contract copy. A copy of an original
			 contract is available from the Office of the State Public Defender, Lucas State
			 Office Building, Des Moines, Iowa 50319-0087, by telephoning (515)242-6158, or
			 on the Web at
http://spd.iowa.gov
.
(3) Notice of contract
			 opportunities. The state public defender will give notice to attorneys of the
			 availability of contracts for indigent defense legal services in a manner
			 reasonably calculated to make attorneys aware of the availability of the
			 contracts.
(4) Contract types.
			 Unless the attorney and state public defender agree in writing to a contract
			 covering a different type of case, the contract shall cover one or more of the
			 following categories of case types:
a.
			 Juvenile cases, including juvenile petitions on appeal;
b. Appellate cases, including direct appeals
			 of criminal cases, appeals from postconviction relief proceedings, and any
			 other case for which counsel is statutorily authorized to be paid from the
			 indigent defense fund at the trial level;
c. Postconviction relief cases at the trial
			 level;
d. Class A and B felony
			 cases at the trial level;
e. Class
			 C and D felony cases at the trial level, and Class A felony cases in which
			 another attorney who meets the minimum requirements for such cases is also
			 appointed as the lead counsel;
f.
			 Misdemeanor cases, probation and parole revocation cases, contempt proceedings,
			 and any other adult criminal or civil cases for which counsel is statutorily
			 authorized to be paid from the indigent defense fund at the trial
			 level.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.3 - Attorney Minimum Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible to contract with the state public defender for a
				type of case, the attorney must meet the minimum qualification requirements
				established by this rule for the particular type of case. Prior to contracting
				with the state public defender, an attorney shall certify the attorney's
				compliance with these requirements and, prior to renewal of the contract, shall
				certify compliance with any ongoing requirements. Satisfying these minimum
				requirements does not guarantee an attorney a contract with the state public
				defender. The state public defender retains the discretion to deny or terminate
				contracts if the state public defender determines that such action is in the
				best interests of the state.
(1)
Juvenile cases.
To be eligible to contract to represent
			 indigent persons in juvenile cases, including juvenile petitions on appeal, an
			 attorney must be in compliance with Rule 8.36 of the Iowa Rules of Juvenile
			 Procedure, regardless of whether the attorney seeks to represent parents or
			 children or serve as guardian ad litem in juvenile court. An attorney
			 contracting to represent indigent persons in juvenile cases must:
a. Participate in three hours of continuing
			 legal education related to juvenile court proceedings prior to contracting with
			 the state public defender; and
b.
			 Continue to participate in three hours of continuing legal education related to
			 juvenile court proceedings each year.
The state public defender shall review juvenile contract
				renewals and may apply juvenile-related continuing legal education hours in the
				same manner as criminal-related continuing legal education hours.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.4 - Contract Approval or Denial

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state public defender or a person
			 designated by the state public defender may confer with judges, attorneys and
			 others with knowledge of a potential contracting attorney's competence,
			 effectiveness, trustworthiness, compliance with the minimum qualification
			 requirements set forth in rule
			 493-11.3 (13B), and ability to
			 provide services to eligible individuals and may conduct such additional
			 investigation as deemed warranted in the sole discretion of the state public
			 defender The information received may be taken into consideration in
			 determining whether it would be in the best interests of the state to enter
			 into an initial or renewal contract with the potential contracting
			 attorney.
(2) The state public
			 defender or a person designated by the state public defender may hold
			 discussions with, or otherwise obtain information from, a potential contracting
			 attorney to determine the attorney's qualifications and ability to perform the
			 conditions of an initial or renewal contract.
(3) The state public defender or a person
			 designated by the state public defender may hold discussions with, or otherwise
			 obtain information from, a potential contracting attorney to establish under an
			 initial or renewal contract the types of cases the contracting attorney will
			 handle and the geographic area in which the cases will be handled.
(4) The state public defender may decline to
			 award an initial or renewal contract to a proposed contracting attorney if the
			 state public defender determines that the contract would not be in the best
			 interests of the state, as described in rule
			 493-11.8 (13B). The state public
			 defender may limit the contract to specific types of cases, a specified
			 geographic area, or both. The state public defender shall give written notice
			 of this action to the attorney. The attorney may seek reconsideration of this
			 decision in the manner prescribed in rule
			 493-11.9 (13B).
(5) Nothing contained in this rule shall
			 obligate the state public defender to enter into an initial or renewal contract
			 if the state public defender determines that it is not in the best interests of
			 the state to enter into such contract.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.6 - Contract Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to renewal of any contract, the state public defender may
				contact judges, attorneys, court personnel, and others to determine if any
				existing contract is being properly fulfilled and may conduct such additional
				investigation as is described in rule
				493-11.4 (13B). If the state
				public defender has determined that a contract renewal is in the best interests
				of the state, the state public defender may offer a new contract to the
				contracting attorney. The contracting attorney may accept the new contract by
				signing the contract renewal and returning it to the state public defender
				prior to the date that the existing contract expires. If the contracting
				attorney does not sign and return the contract renewal, the contract shall
				terminate on its expiration date without regard to whether the contracting
				attorney receives any further notice. If a contracting attorney is not offered
				a contract renewal, the state public defender shall give the contracting
				attorney written notice of this action. The attorney may seek reconsideration
				of this decision in the manner prescribed in rule 493-1I.9
				(13B).
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.7 - Termination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination at will.
Either the state public defender or the
			 contracting attorney may terminate a contract upon 30 days' advance written
			 notice to the other party for any reason or no reason. Such termination may
			 affect the entire contract, or may relate solely to a particular county or
			 geographical area, or particular type of case.
(2)
Termination for cause.
a.
License suspension or revocation.
			 A
contract for indigent defense shall automatically terminate without
			 notice upon the suspension or revocation of the attorney's license to practice
			 law in the state of Iowa.
b.
Default.
The state public defender may issue a notice of
			 default based on any of the grounds described in rule
			 493-11.8 (13B). A notice of
			 default shall state the grounds of default and, if feasible, request that the
			 contracting attorney remedy the default within 10 days of the date of the
			 notice. If the events triggering the notice of default continue to be evidenced
			 more than 10 days beyond the date of written notice, the state public defender
			 may immediately terminate the contract without further notice by issuing a
			 notice of termination. An attorney may seek reconsideration of the state public
			 defender's decision to terminate a contract based on the attorney's default in
			 the manner described in rule
			 493-11.9 (13B).
c.
Improper billing
			 practices.
The state public defender may notify the attorney that the
			 state public defender is considering the exercise of the state public
			 defender's contract right to terminate the contract for improper billing
			 practices. The notification shall explain the basis for the state public
			 defender's concern and provide the attorney at least 14 days to provide a
			 response. After consideration of the response, the state public defender may
			 terminate the contract for improper billing practices if the state public
			 defender determines that the attorney has engaged in a pattern of willful,
			 intentional, reckless, or negligent submission of false, abusive, or
			 unreasonably excessive fee claims. An attorney may seek reconsideration of the
			 state public defender's decision to terminate a contract for improper billing
			 practices in the manner described in rule
			 493-11.9
			 (13B).
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.8 - Grounds to Deny or Terminate a Contract

Current through Register Vol. 47, No. 3, July 24, 2024
In determining whether the award, renewal, or termination of a
				contract is in the best interests of the state, the state public defender may
				take into consideration factors such as, but not limited to, the
				following:
1. The attorney's
			 eligibility for contracting pursuant to rule
			 493-11.2 (13B) for the type of
			 case in which the attorney is to provide services or the attorney's failure to
			 comply with such requirements;
2.
			 The attorney's compliance with the terms of an existing or prior contract to
			 represent indigent persons;
3. Any
			 form of dishonesty or deception directed to judicial officials, the state
			 public defender, indigent persons, other clients, or any other person in the
			 practice of law;
4. Unprofessional
			 or unethical conduct, or other act or omission that is or may be detrimental or
			 harmful to indigent representation;
5. An attorney's failure to attend, or
			 untimely attendance at, hearings, depositions, or other case-related
			 proceedings;
6. An attorney's
			 failure to abide by a court order, applicable statutes or administrative rules
			 governing indigent representation, or local or state rules of procedure
			 applicable to the cases in which the attorney has been appointed;
7. Repetitive, willful, deceptive,
			 unexplained or uncorrected errors in claims for fees;
8. Disciplinary action against a legal or
			 other professional license or conviction of a crime in any jurisdiction when
			 the disciplinary action or conviction implicates an attorney's honesty,
			 trustworthiness, or competence to practice law, or is otherwise related to the
			 practice of indigent defense;
9.
			 Use of alcohol or controlled substances during court proceedings or in a manner
			 impairing competent performance;
10. Judicial orders or rulings finding that
			 an attorney engaged in untruthful, incompetent, unprofessional, or unethical
			 behavior in the practice of indigent defense, submission of fee claims, or
			 otherwise in the practice of law; or
11. Any other behavior implicating an
			 attorney's competence, effectiveness, or trustworthiness in the practice of
			 indigent defense.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.9 - Reconsideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written
			 notice.
A request for reconsideration is perfected by giving written
			 notice of the request for reconsideration to the state public defender within
			 ten business days of the date of mailing of the notice of denial of an initial
			 or renewal contract or the notice of termination. A request for reconsideration
			 must be in writing and must specify the factual or legal errors the attorney
			 contends were made by the state public defender. The attorney may provide such
			 additional information, explanation or documentation as the attorney believes
			 would be relevant to the reconsideration decision. The request for
			 reconsideration is deemed made on the date of the United States Postal Service
			 nonmetered postmark or the date of personal service on the state public
			 defender.
(2)
Exhaustion of
			 administrative remedies.
A request for reconsideration of the state
			 public defender's decision to deny or terminate a contract is an administrative
			 prerequisite to seeking any form of judicial review pursuant to Iowa Code
			 chapter 17A.
(3)
Informal
			 conference.
Upon receipt of a request for reconsideration, the state
			 public defender or a person designated by the state public defender may
			 schedule an informal conference with the attorney if in the state public
			 defender's judgment such a conference may foster resolution of the dispute. To
			 the extent that the participation of the state public defender or a person
			 designated by the state public defender in an informal conference could be
			 considered personal investigation as that term is used in Iowa Code section
			 17A. 17, an attorney agreeing to participate in an informal conference waives
			 the right to seek to disqualify the state public defender or a person
			 designated by the state public defender from acting as presiding officer or
			 advising the presiding officer in a subsequent contested case proceeding based
			 solely on the ground of personal investigation during an informal conference.
			 The attorney does not waive the right to raise any other type of
			 disqualification.
(4)
Reconsideration decision.
The state public defender shall
			 issue a written reconsideration decision which may uphold, reverse, or modify
			 the initial decision to deny or terminate a contract. The reconsideration
			 decision is final agency action, unless an attorney timely requests a contested
			 case hearing pursuant to rule
			 493-11.10 (13B, 17A).
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.10 - Contested Case Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Written request for contested case hearing. An attorney who is aggrieved by a
			 reconsideration decision and who desires to contest the factual basis for the
			 reconsideration decision shall request a contested case hearing within 10 days
			 of the date the reconsideration decision is mailed. The request for contested
			 case hearing shall identify the fact issues in dispute and any other claimed
			 error, and shall state the manner in which the state public defender is alleged
			 to have relied upon erroneous facts.
(2) Procedures. The request for contested
			 case hearing is deemed made on the date of the United States Postal Service
			 nonmetered postmark or the date of personal service on the state public
			 defender A contested case hearing shall be conducted pursuant to the procedures
			 set forth in 481 lAC Chapter 10.
(3) A timely request for contested case
			 hearing is an administrative prerequisite to seeking any form of judicial
			 review pursuant to Iowa Code chapter 17A.
(4) Presiding officer The state public
			 defender or a person designated by the state public defender may preside over
			 the contested case hearing and issue a final decision, or the state public
			 defender may request that the hearing be conducted by an administrative law
			 judge from the department of inspections and appeals who shall issue a proposed
			 decision subject to review by or appeal to the state public defender If the
			 notice of hearing does not identify an administrative law judge as the
			 presiding officer, an attorney may file a written request that an
			 administrative law judge serve as the presiding officer at hearing. Such
			 request must be filed within 20 days after service of the notice of hearing by
			 certified mail, return receipt requested, to the attorney's last-known address.
			 The state public defender may deny the request only upon a finding that one or
			 more of the following apply:
a. There is a
			 compelling need to expedite issuance of a final decision.
b. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
c. Funds are
			 unavailable to pay the costs of an administrative law judge and possible
			 resulting interagency appeal.
d.
			 The request was not timely made.
e.
			 The demeanor of the witnesses is likely to be dispositive in resolving the
			 disputed factual issues.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 11 - Attorney Fee Contracts › Rule 493-11.11 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 final decision by the state public defender to deny an attorney's request to
			 enter into an initial or renewal contract for indigent representation, to
			 terminate such a contract for cause following issuance of a notice of default,
			 or to terminate such contract for improper billing practices is reviewable
			 pursuant to Iowa Code chapter 17A.
(2) Nothing in this rule shall prevent the
			 informal resolution of a decision to deny or terminate an initial or renewal
			 contract through mutually agreeable settlement at any stage of the
			 proceeding.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter sets forth the rules for submission, payment and
				court review of indigent defense fee claims. See 493-Chapter 7 for definitions
				of terms used in this chapter.
(1) The
			 state public defender will pay from the indigent defense fund attorney fees and
			 costs for the following types of cases: commitment of sexually violent
			 predators under Iowa Code chapter 229A; contempts; postconviction relief
			 proceedings to the extent authorized under Iowa Code chapter 822; juvenile
			 justice under Iowa Code section 232.141(3)(c); guardians ad litem for children
			 in juvenile court under Iowa Code chapter 600 or respondents under Iowa Code
			 chapter 600A; filing by an indigent party of an adoption petition under Iowa
			 Code section 600.3 to adopt a child who was the subject of a termination of
			 parental rights proceeding under Iowa Code chapter 232; fees for appellate
			 attorneys under Iowa Code section 814.11; fees to attorneys under Iowa Code
			 section 815.7; fees for court-appointed counsel under Iowa Code section 815.10;
			 violation of probation or parole under Iowa Code chapter 908; indigent's right
			 to transcript on appeal under Iowa Code section 814.9; indigent's application
			 for transcript in other cases under Iowa Code section 814.10; and special
			 witnesses for indigents under Iowa Code section 815.4.
(2) The state public defender will not pay
			 for the costs for any type of administrative proceeding or any other proceeding
			 under Iowa Code chapter 598, 600, 600A, 633, or 915 or other provisions of the
			 Iowa Code.
(3) The Iowa Code
			 requires the state public defender to approve only those indigent defense fee
			 claims that are reasonable and appropriate under applicable statutes. In
			 exercising this duty, the state public defender publishes rules and makes
			 judgments considering what is statutorily permitted, fair for claimants, fair
			 for indigent clients (who, by law, are required to reimburse the state for the
			 costs of their defense to the extent they are reasonably able to pay such
			 costs), and consistent with good stewardship of public
			 appropriations.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.2 - Submission and Payment of Attorney Claims

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Required claim documents.
Court-appointed attorneys shall
			 submit electronic indigent defense fee claims to the state public defender for
			 review, approval and payment. These claims shall include the following:
a. The completion of the appropriate claim
			 type on the online submission website of the state public defender,
			 spdclaims.iowa.gov.
(1) Adult fee claims,
			 including all trial-level criminal and postconviction relief proceedings,
			 misdemeanor appeals to district court, and applications for discretionary
			 review or applications for interlocutory appeals to the Iowa supreme court,
			 must be submitted on an Adult form. Juvenile fee claims, including petitions on
			 appeal and applications for interlocutory appeals, must be submitted on a
			 Juvenile form. Appellate fee claims, including claims for all criminal and
			 postconviction relief appeals, work performed after the granting of an
			 application for discretionary review or for interlocutory appeal, and work
			 performed after full briefing is ordered following a juvenile petition on
			 appeal, must be submitted on an Appellate form.
(2) The state public defender, at the state
			 public defender's sole discretion, may grant limited exceptions to the
			 requirement that claims be submitted electronically via the online claims
			 website.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.3 - Interim Claims

Current through Register Vol. 47, No. 3, July 24, 2024
Claims will be paid at the earlier of the conclusion of the
				case or when legal representation of the client under the original court
				appointment is concluded, except as provided for in subrule 12.3(1), 12.3(2),
				12.3(3), or 12.3(4).
(1)
Juvenile cases.
An initial claim for services in a juvenile
			 case may be submitted after the dispositional hearing, if any. Subsequent
			 claims may be submitted after each court hearing that is a date of service held
			 in the case. A court hearing does not include family drug court, family team
			 meetings, staffings or foster care review board hearings.
(2)
Appellate cases.
A claim
			 for work performed may be submitted in appellate cases after the filing of the
			 attorney's proof brief. A subsequent claim may be submitted after the
			 procedendo is filed.
(3)
Class A felonies.
Interim claims in Class A felony cases may
			 be submitted once every three months, with the first claim submitted at least
			 90 days following the effective date of the attorney's appointment.
(4)
Other cases.
In all
			 other cases, claims filed prior to the conclusion of the case will not be paid
			 except with prior written consent of the state public defender.
(5)
Change of employment.
A
			 change of employment is not a basis for submitting an interim claim. An
			 attorney changing firms must wait to submit a claim until the conclusion of the
			 case unless the attorney withdraws from the case or subrule 12.3(1), 12.3(2),
			 or 12.3(3) applies. Because indigent defense contracts are with the attorney
			 and not with the law firm, the state public defender shall send payments to
			 whatever person or law firm the departing attorney directs.
(6)
Approval of interim
			 claims.
Approval of any interim claims shall not affect the right of
			 the state public defender to review subsequent claims or the aggregate amount
			 of the claims submitted.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.4 - Rate of Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless the
			 attorney has a contract that provides for a different manner or rate of
			 payment, reasonable compensation for the payment of all claims for cases in
			 which the attorney has been appointed shall be calculated on the basis of the
			 hourly rate specified in Iowa Code section 815.7 applicable to the type of case
			 and for the fiscal year during which the appointment was made for attorney or
			 guardian ad litem time, and on the basis of the hourly rate of $25 per hour for
			 paralegal time to the extent paralegal time is payable under these
			 rules.
(2) Payable paralegal time
			 is limited in rule 493-7.1 (13B,815).
(3) As used in this rule, the term "all other
			 cases" includes appeals, juvenile cases, contempt actions, representation of
			 material witnesses, and probation/parole violation cases, postconviction relief
			 cases, restitution, extradition, and sentence reconsideration proceedings
			 without regard to the level of the underlying charge.
Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.5 - Payable Attorney Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Maximum
			 daily hours.
An attorney appointed as counsel or guardian ad litem
			 must not perform services for indigent persons or submit claims to the state
			 public defender for payment for such services for more than 12 hours of the
			 attorney's time in any calendar day except as provided in this subrule.
a. An attorney may perform services for
			 indigent persons and submit claims to the state public defender for payment for
			 such services for more than 12 hours and less than or equal to 16 hours in a
			 calendar day if and only if the attorney is in trial or other contested court
			 hearing lasting more than one day or the attorney is preparing for such a trial
			 or hearing that will be occurring within the next seven days.
b. If an attorney performs services for
			 indigent persons and submits claims to the state public defender for payment
			 for such services for more than 12 hours and less than or equal to 16 hours in
			 a calendar day, the attorney shall include with each claim form submitted to
			 the state public defender that claims time for that date a letter specifying
			 the total hours worked for private clients on that date or certifying that no
			 other time was billed to any private client, and explaining the need to work
			 more than 12 hours.
c. Any time
			 claimed by an attorney appointed as counsel or guardian ad litem in excess of
			 12 hours on a calendar day, except as permitted by this subrule, and any time
			 claimed in excess of 16 hours on a calendar day, shall not be paid. If the time
			 is claimed on multiple claims, the most recently submitted claim claiming time
			 on a particular calendar day shall be reduced so as not to pay more than the
			 maximum authorized daily hours. If more than the maximum authorized amount is
			 inadvertently paid by the state public defender, the attorney shall reimburse
			 the state public defender upon written notice of the improper
			 payment.