Relating to discovery and postconviction procedure

Description

Senate File 393 relates to discovery and postconviction procedure and provides limitations applicable to a claim for postconviction relief (PCR), notwithstanding any other statute, rule, or law. The Bill would limit discovery to be conducted only when permitted by order of the court or prior agreement of the parties. The request for discovery must be accompanied by a statement identifying the information sought and the way the proposed discovery is to be conducted. The Bill also provides that discovery involving a victim of a public offense cannot be conducted unless all of the following are established by sufficient evidence:

• The evidence is necessary to prove the applicant is innocent of the underlying public offense and all lesser included offenses.
• The information is not available from any other source.
• Contact with a victim is minimized by limitations on the method of discovery. Under the Bill, the State is not required to produce copies of discovery previously disclosed to an applicant except upon demonstration of compelling need. The State is further not required to produce any discovery contained in a court file accessible to the applicant. The State is not required to produce any discovery that cannot lawfully be circulated or that is otherwise confidential. The Bill allows for the appointment of an attorney for certain victims. The Bill does not relieve the State of any constitutional obligation to disclose exculpatory evidence to a PCR applicant.

Background

Iowa Code section 822.7 provides that all rules and statutes applicable in civil proceedings are available to the parties in postconviction discovery procedures. The scope of discovery is then that of civil procedure, including the ability to file and issue subpoenas. From FY 2022 to FY 2024, the Office of the State Public Defender (SPD) processed an average of 882 PCR claims at an average cost of $1,800 per case, expending a total of $1.6 million from the Indigent Defense Fund. From FY 2022 through FY 2024, the SPD paid an average of 50 investigator claims per year at $670 per claim. The hourly rate of investigators, under 493 IAC 13.2(1), is limited to $75.

The Judicial Branch reports that the average number of PCR filings from calendar year (CY) 2021 through CY 2024 was 620 per year.

Assumptions

• The SPD will remain as counsel for the same average number of PCR cases per year (882).
• The SPD estimates the average cost per case as $4,950 due to an increase in the number of motions, hearings, and investigations.
• The SPD investigations by employees will increase, necessitating the hiring of 3.0 full-time equivalent (FTE) Investigator 2 positions. The estimated annual cost of 1.0 Investigator 2 FTE position is $69,000.
• Contract attorneys’ use of investigative services will increase by approximately 80.0% or $62,000.
• The SPD estimates that 25.0% of cases would need representation for a victim.
• The SPD estimates an additional cost of $84,000 for 5.0 hours of time per claim for attorney representation of victims and witnesses.
• The SPD estimates that an additional $1.6 million will be spent on PCR claims from the Indigent Defense Fund due to increased time spent on pretrial litigation.
• Under the most recent judicial officer time study, the average time required in PCR cases is 397.0 minutes (6.6 hours) at the cost of $110 per hour.

Fiscal Impact

The fiscal impact of Senate File 393 to the SPD is estimated to increase costs by approximately $2.0 million per year as shown in Figure 1.

Figure 1 — Additional Annual Costs to the SPD Under SF 393

State Public Defender Expenses Estimated

Expenditure

3.0 FTE positions – Investigator 2 $ 206,000 Investigator claims for contract attorneys 62,000 Attorney cost for representation of victims and witnesses 84,000 Pretrial litigation of PCR claims – Indigent Defense Fund 1,600,000 Total $ 1,952,000 The fiscal impact of Senate File 393 to the Judicial Branch cannot be determined, but is anticipated to be minimal.

Sources

• Office of the State Public Defender
• Judicial Branch