Bills › 91st General Assembly
Relating to indigent defense and the appointment of counsel by the court
Topics:Courts & civil lawCrime & correctionsState government
Same legislation: HF 317
Where it is now
- Done: IntroducedJanuary 15, 2025
- Done: SubcommitteeJanuary 15, 2025
- Done: House committeeFebruary 6, 2025
- Skipped: Passes the HouseContinued as HF 317
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 317 → Its progress continues under the new number. Go to HF 317 What’s a funnel?
What’s in it
AI summary If a court appoints a lawyer to help someone who cannot afford one, that lawyer will be treated like a state employee if they are sued for doing a poor job. This means the state will provide a legal defense and pay for any damages if a claim is made against them. This change applies to lawyers who were appointed by the court without their own consent.1
Read the official explanation
This bill relates to indigent defense and the appointment of counsel by the court. The bill provides that a noncontract attorney appointed by the court, without the consent of the attorney, who is accused of ineffective assistance of counsel shall be treated as a state employee under Code chapter 669 (state tort claims), including defense and indemnification under Code section 669.21, which provides that the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim.
Changed since by amendment H-1058; see Amendments.
House subcommittee
Named January 15, 2025. On January 27, 2025 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 requires the state to defend and indemnify court-appointed attorneys who are accused of ineffective assistance of counsel. The Attorney General's Office would need to hire up to 10.0 additional staff members at a total cost of approximately $1.3 million. Future settlement and judgment amounts involving these claims are unknown, so the resulting fiscal impact to the General Fund cannot be determined.3
Read the fiscal note
Description
House File 317 amends Iowa Code section 815.10(6) to provide that any attorney appointed by the court under Iowa Code section 815.10 who is accused of ineffective assistance of counsel must be treated as a State employee under Iowa Code chapter 669 (State tort claims), including defense and indemnification under Iowa Code section 669.21.
Background
Iowa Code section 669.21 provides that the State shall defend any employee and shall indemnify and hold harmless an employee against any claim as defined in Iowa Code section 669.2(3)(b), including claims arising under the Constitution, statutes, or rules of the United States or of any state.
Judgments and settlements for State tort claims are paid from the General Fund through the State Appeal Board process.
In FY 2024, the Office of the State Public Defender employed 176 attorneys and had contracts with approximately 500 attorneys. Any attorney authorized to practice law in Iowa may request a contract with the State Public Defender to represent indigent clients. Contract attorneys are not required to carry malpractice insurance.
Assumptions
- The Attorney General’s Office anticipates between 200 and 400 cases per year that require State representation for an attorney appointed by the court who is accused of ineffective counsel.
- The Attorney General’s Office would hire 5.0 additional Assistant Attorney General 3 full-time equivalent (FTE) positions at a cost of approximately $175,000 each.
- The Attorney General’s Office would hire 5.0 additional paralegal FTE positions at an approximate cost of $91,000 each.
- Each Attorney General 3 and paralegal team would handle between 40-80 cases per year.
Fiscal Impact
The implementation of House File 317 may require the Attorney General’s Office to hire up to 10.0 additional FTE positions (5.0 Assistant Attorney General 3 FTE positions and 5.0 paralegal FTE positions) at a total cost of approximately $1.3 million. Future settlement and judgment amounts involving ineffective assistance of counsel are unknown and the resulting fiscal impact to the General Fund cannot be determined.
Sources
- State Public Defender
- Department of Justice
- Judicial Branch
- Court-Appointed Attorneys, Tort Claims · April 3, 2025
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91st General Assembly
Similar bills
- HF 16 Relating to indigent defense and the appointment of counsel by the court91st General Assembly · In committeeNearly identical
Matched by wording or an identical title.