HSB 144

Same legislation: SSB 1135, SF 590, HF 675

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedMarch 11, 2019
Done: SubcommitteeFebruary 11, 2019
Done: House committeeMarch 5, 2019
Done: Passes the HouseApril 15, 2019
Skipped: Senate committeeSkipped
Done: Passes the SenateMarch 26, 201932–17
Done: To the GovernorApril 30, 2019
Done: Signed into lawMay 1, 2019

SF 590 became law → The same legislation passed as SF 590, so this version was set aside. Go to SF 590 What’s a funnel?

What’s in it

This bill relates to payments from the indigent defense fund by the state public defender for costs incurred by a privately retained attorney representing an indigent person. The bill establishes a process for the payment of state funds to a privately retained attorney for the costs incurred in the legal representation of a person who is later determined to be indigent. Under the bill, the privately retained attorney shall file an application for the payment of state funds with the court. _____ affidavit completed by the represented person.

Read the full explanation

The bill requires a copy of the application to be submitted to the state public defender. The bill prohibits the payment of state funds to a privately retained attorney unless the court determines that the represented person is indigent and unable to pay for the expenses sought to be paid by the attorney, the expense of the attorney is reasonable and necessary for the representation of an indigent person for which counsel could have been appointed, and the moneys paid or to be paid by or on behalf of the indigent person to the private attorney are insufficient to pay all or a portion of the expenses sought to be paid from state funds.7. If this calculation is greater than the moneys paid or to be paid by or on behalf of the indigent person to the attorney, the bill specifies the moneys shall be considered insufficient to pay all or a portion of the expenses sought to be paid from state funds, and the court may authorize the payment of state funds to the extent the moneys paid or to be paid to the attorney are insufficient to pay the expenses as calculated by the court. If the private attorney is retained on a flat fee agreement, and a precise record of hours worked is not available, the bill requires the attorney to provide the court a reasonable estimate of the time expended to allow the court to determine whether state funds must be paid to the attorney. The bill provides that either the attorney for the indigent person or a representative of the office of the state public defender may participate in a hearing on the application by telephone. _____ the maximum amount of costs which the attorney may incur without further court order, and that the actual amount of such costs to be allowed are subject to review by the state public defender for reasonableness. Following entry of an order allowing costs to be incurred by a privately retained attorney representing an indigent person, the attorney or claimant seeking payment or reimbursement for costs shall submit a claim for payment in accordance with the rules of the state public defender. If the privately retained attorney or claimant seeking payment or reimbursement for such costs fails to comply with the requirements of the bill, the state public defender may deny all or a part of the costs requested. This process of the payment of state funds established in the bill also applies to payments to witnesses, evaluators, investigators, and certified shorthand reporters, and for other costs incurred in the legal representation. However, nothing in the bill should be construed to restrict payment of expenses from state funds on behalf on an indigent person represented by an attorney on a pro bono basis.

Full bill text · What changed before it passed¹

House subcommittee

Named February 11, 2019. On February 20, 2019 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill creates a process for the State Public Defender to pay privately retained attorneys for certain legal expenses when their clients are determined to be indigent. It is estimated that this bill will result in savings to the Indigent Defense Fund of approximately $150,000 per year.²

Read the fiscal note

Description

Senate File 590 relates to payments from the Indigent Defense Fund by the State Public Defender for costs incurred by a privately retained attorney representing an indigent person. The Bill establishes a process for the payment of State funds to a privately retained attorney for the costs incurred in the legal representation of a person who is later determined to be indigent. Senate File 590 also prohibits the payment of State funds to a privately retained attorney unless the district court determines that the represented person is indigent and counsel could have been appointed, and the moneys paid or to be paid by or on behalf of the indigent person to the private attorney are insufficient to pay all or a portion of the expenses sought to be paid from State funds. The Bill specifies how the court determines whether the moneys paid or to be paid to the attorney are insufficient.

Background

In the Iowa Supreme Court case English v. Missildine,1 the Court required, as a matter of constitutional law, that the Office of the State Public Defender pay for the costs incurred by privately retained attorneys who represent indigent clients. The case does not specify the procedures to be followed by the attorney in applying for reimbursement of or getting approval of those costs. The Indigent Defense Fund currently provides the funds for these types of cases, and the District Court reviews the applications for payment from the Fund for these cases.

Assumptions

In FY 2018, the Office of the State Public Defender paid $179,793 from the Indigent Defense Fund for Missildine cases. The analysis assumes that the costs would remain consistent in future fiscal years.
The analysis assumes that private attorneys being paid by private third parties would secure payment from the private third parties rather than accepting payment at the statutory rate for indigent defense work under the procedure established in this Bill.

Fiscal Impact

Senate File 590 is estimated to result in savings to the Indigent Defense Fund of approximately $150,000 per year. The new procedures established in this Bill would allow for the review of requests made by a privately retained attorney for the payment of expert witnesses, investigators, deposition expenses, and any other related litigation expenses. The Bill also requires that the Office of the State Public Defender receive a copy of the application, allowing the Office the opportunity to request a hearing and provide input on the payout of the application.

1 311 N.W.2d 292 (1981).