Iowa Administrative Code › Agency 493 - State Public Defender › Chapter 12 - Claims for Indigent Defense Services › Rule 493-12.6 - Attorney Fee Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Adult
			 cases.
The state public defender establishes attorney fee limitations
			 for the number of hours of combined attorney time and paralegal time that may
			 be claimed for the following categories of adult cases:
Class A felonies
258
Class B felonies
56
Class C felonies
30
Class D felonies
20
Aggravated misdemeanors
20
Serious misdemeanors
10
Simple misdemeanors
5
Simple misdemeanor appeals to district
							 court
5
Contempt/show cause proceedings
5
Proceedings under Iowa Code chapter
167
Probation/parole violation
5
Extradition
5
Postconviction relief-the greater of 17 hours or
							 one-half of the fee limitation for the conviction from which relief is
							 sought.
Nothing in this subrule is intended to in any manner diminish,
				increase, or modify the state public defender's authority to review any and all
				claims for services as authorized by the Iowa Code.
The fee limitations are applied separately to each case, as
				that term is defined in rule 493-7.1 (13B,815). If more than one charge is
				included within a case, the charge with the higher fee limitation will apply to
				the entire case.
For example, in an adult criminal proceeding, if an attorney
				were appointed to represent a client charged with four counts of forgery
				arising at four separate times, and if the client were charged in four separate
				trial informations, the fee limitations for each charge would apply separately.
				If all four charges were contained in one trial information, the fee limitation
				would be 30 hours even if there were more than one separate occurrence.
				Similarly, if the attorney were appointed to represent a person charged with a
				drug offense and failure to possess a tax stamp, the fee limitation would be
				the limitation for the offense with the higher limitation, not the total of the
				limitations. As a further example, multiple probation revocation proceedings
				pending at the same time, involving the same client, and arising from the same
				transaction or occurrence are still a single "case" for purposes of this rule,
				and the five-hour fee limitation applies.
If the Iowa Code section listed on the claim form defines
				multiple levels of crimes and the claimant does not list the specific level of
				crime on the claim form, the state public defender will use the least serious
				level of crime in reviewing the claim.
For example, Iowa Code section 321J.2 defines crimes ranging
				from a serious misdemeanor to a Class D felony. If the attorney does not
				designate the subsection defining the level of the crime, the state public
				defender will deem the charge to be a serious misdemeanor.
(2)
Juvenile cases.
The
			 state public defender establishes attorney fee limitations for the number of
			 hours of attorney time that may be claimed for the following categories of
			 juvenile and adoption cases:
Delinquency (through disposition)
20
Child in need of assistance (CINA) (through
						  disposition)
20
Termination of parental rights (TPR) (through
						  disposition)
30
Juvenile court review and other postdispositional court
						  hearings
8
Judicial bypass hearings
3
Juvenile commitment hearings
3
Juvenile petition on appeal
10
Motion for further review after petition on
						  appeal
5
Representation of adopting party in adoption following
						  Iowa Code chapter 232, termination of parental rights
5
Nothing in this subrule is intended to in any manner diminish,
				increase, or modify the state public defender's authority to review any and all
				claims for services as authorized by the Iowa Code.
The fee limitations are applied separately to each case, as
				that term is defined in rule 493-7.1 (13B,815).
For example, in a juvenile proceeding in which the attorney
				represents a parent whose four children are the subject of four child in need
				of assistance petitions, if the court handles all four petitions at the same
				time or the incident that gave rise to the child in need of assistance action
				is essentially the same for each child, the fee limitation for the attorney
				representing the parent is 20 hours for all four proceedings, not 20 hours for
				each one.
For a child in need of assistance case that becomes a
				termination of parental rights case, the fee limitations shall apply to each
				case separately. For example, the attorney could claim up to 20 hours for the
				child in need of assistance case and up to 30 hours for the termination of
				parental rights case.
In a delinquency case, if the child has multiple petitions
				alleging delinquency and the court handles the petitions at the same time, the
				fee limitation for the proceeding is the fee limitation for one
				delinquency.
In a juvenile case in which a petition on appeal is filed, the
				appointed trial attorney does not need to obtain a new appointment order to
				pursue a petition on appeal. The claim, through the filing of a petition on
				appeal, must be submitted on a Juvenile form. If an appellate court orders full
				briefing, the attorney fee claim for services subsequent to an order requiring
				full briefing must be submitted on an Appellate form and is subject to the
				rules governing appeals.
(3)
Appellate cases.
Except
			 as otherwise provided in this rule with respect to simple misdemeanor appeals
			 to the district court and juvenile petitions on appeal, there is no fee
			 limitation established for appellate cases. Nothing in this subrule is intended
			 to in any manner diminish, increase, or modify the state public defender's
			 authority to review any and all claims for services as authorized by the Iowa
			 Code.
(4)
Claims in excess
			 of fee limitations.
A claim in excess of the attorney fee limitations
			 will not be paid unless the attorney seeks and obtains authorization from the
			 appointing court to exceed the attorney fee limitations prior to exceeding the
			 attorney fee limitations. If authorization is granted, payment in excess of the
			 attorney fee limitations shall be made only for services performed after the
			 date of submission of the request for authorization.
(5)
Retroactivity of
			 authorization.
Authorization to exceed the attorney fee limitations
			 shall be effective only as to services performed after a request for
			 authorization to exceed the attorney fee limitations is filed with the court
			 unless the court enters an order before submission of the claim to the state
			 public defender specifically authorizing a late filing of the application and
			 finding that good cause exists excusing the attorney's failure to file the
			 application prior to the attorney's exceeding the attorney fee limitations.
			 "Good cause" as used in this subrule means a sound, effective and truthful
			 reason. "Good cause" is more than an excuse, plea, apology, extenuation, or
			 some justification. Inadvertence or oversight does not constitute good cause.
			 Retroactive court orders entered after the date of the state public defender's
			 action on a claim are void. See Iowa Code section 13B.4(4).