Relating to defense subpoenas in criminal cases, and providing penalties

Description

Senate File 571 relates to defense subpoenas in criminal cases.

The Bill disallows a criminal defendant or counsel acting on the defendant’s behalf to issue any subpoena for documents or other evidence except upon application to the court. An application will not be granted unless a defendant proves by a preponderance of the evidence there is a compelling need for the evidence sought and that such evidence is material, necessary, exculpatory, and admissible at trial; and the evidence sought does not include the private information of a crime victim or any other person except for the defendant’s private information. The procedure is the exclusive mechanism for a criminal defendant or counsel acting on behalf of the defendant to issue a subpoena for documents or other evidence. Documents or other evidence obtained by a subpoena that does not comply with the requirements of the Bill will not be admissible in any criminal action if offered by the defendant, and an attorney who knowingly issues a defense subpoena that does not comply with the requirements of the Bill may be sanctioned by the court. An application for a defense subpoena will not be made or reviewed ex parte. Any documents or evidence obtained by a defense subpoena must be provided to the prosecuting attorney within five business days of obtaining the documents or evidence. The Bill requires the court to appoint an attorney to represent a person or entity served with a defense subpoena upon application by a crime victim or the prosecuting attorney if the person or entity is indigent. Counsel appointed must be paid from the Indigent Defense Fund. The Bill provides that an applicant for postconviction relief is not entitled to relief on a claim of ineffective assistance of counsel when that claim is predicated upon evidence that was obtained through a defense subpoena and required to be disclosed under the Bill.

Background

Iowa Code section 815.9(1) provides the qualifications for indigency. Iowa Code section 815.11 establishes the Indigent Defense Fund. The Indigent Defense Fund consists of funds appropriated by the General Assembly from the General Fund to the Office of the State Public Defender (SPD) for indigent legal defense by a court-appointed attorney. Approximately $24.7 million was expended from the Indigent Defense Fund in FY 2024 for processing approximately 45,000 criminal claims. The average cost per criminal case in FY 2024 was $550 per case.

In FY 2024, 774 claims for investigators were made on adult criminal cases with an average investigator claim of $902. The current hourly rate for an investigator is $75.

Assumptions

• The number of applications to the court for defense subpoenas is unknown.
• The average cost per criminal case involving defense subpoenas may double from $550 to $1,100 per case.
• The hourly rate for an investigator will remain constant at $75.
• The average claim for an investigator is $902.
• The SPD will require 15.0 Investigator 2 full-time equivalent (FTE) positions at an approximate cost of $89,000 each to meet the increased investigatory needs of public defender employees.

Fiscal Impact

The total fiscal impact of Senate File 571 cannot be estimated, but the additional costs to the SPD operating budget and Indigent Defense Fund are anticipated to be significant. It is anticipated that the Indigent Defense Fund will incur increased costs due to an increase in contract attorney time spent on criminal cases; the use of investigators and time added for investigations; the number of motions, hearings, trials, and appeals; and the use of expert witnesses. As a result, the cost per criminal case involving defense subpoenas may double under the Bill; however, since the number of applications to the court for defense subpoenas cannot be estimated, the total fiscal impact to the Indigent Defense Fund cannot be determined. Additionally, the SPD estimates the need to hire 15.0 Investigator 2 FTE positions, for a total cost of $1.3 million to the SPD operating budget.

Source

• Office of the State Public Defender