13B.1 Definitions. As used in this chapter unless the context otherwise requires: 1. “Appointed attorney” means an attorney appointed by the court and compensated by the state to represent an indigent defendant. 2. “Claimant” means an attorney or other person seeking reimbursement of costs or fees payable from the appropriations under section 815.11. 3. “Department” […]
13B.10 Determination of indigence. For purposes of this chapter, a determination of indigence shall be made pursuant to section 815.9. 88 Acts, ch 1161, §10; 89 Acts, ch 83, §5; 93 Acts, ch 175, §16; 96 Acts, ch 1193, §2; 99 Acts, ch 135, §11
13B.11 State appellate defender. The state public defender shall appoint a state appellate defender who shall represent indigents on appeal in criminal cases and on appeal in proceedings to obtain postconviction relief when appointed to do so by the district court in which the judgment or order was issued, and may represent indigents in proceedings […]
13B.12 Gideon fellowship. The state public defender may establish a Gideon fellowship program for the entry level hiring and training of public defender attorneys. The state public defender may appoint up to four Gideon fellows for a term of up to two years and may assign each fellow to a local public defender office or […]
13B.13 State public defender pilot project — child welfare legal representation. Notwithstanding any other provision of the law to the contrary, for each fiscal year for the period beginning July 1, 2020, and ending June 30, 2024, the state public defender may establish a pilot project to implement innovative models of legal representation in order […]
13B.2 Position established. The position of state public defender is established within the department of inspections and appeals. The governor shall appoint the state public defender, who shall serve at the pleasure of the governor, subject to confirmation by the senate, no less frequently than once every four years, whether or not there has been […]
13B.2A Indigent defense — report — court-appointed counsel fees. 1. The state public defender shall file a written report every three years with the governor and the general assembly by January 1 of a year in which a report is due relating to the recommendations and activities of the state public defender relating to the […]
13B.3 Qualifications of state public defender. Only persons admitted to practice law in this state shall be appointed state public defender or assistant state public defender. [81 Acts, ch 23, §3, 8] 88 Acts, ch 1161, §3
13B.4 Duties and powers of state public defender. 1. a. The state public defender shall coordinate the provision of legal representation to all indigents under arrest or charged with a crime who face the possibility of imprisonment under the applicable criminal statute or ordinance. b. The state public defender shall also coordinate the provision of […]
13B.4A Confidentiality of indigent defense claim records. 1. A claim for compensation and reimbursement for legal assistance and supporting documents submitted to the state public defender for payment of costs incurred in the legal representation of an indigent person from the indigent defense fund established in section 815.11 shall be kept confidential by the state […]
13B.4B Confidentiality of indigent defense claim records. Transferred to §13B.4A; 2018 Acts, ch 1041, §127
13B.5 Staff. The state public defender may appoint assistant state public defenders who, subject to the direction of the state public defender, shall have the same duties as the state public defender and shall not engage in the private practice of law. The salaries of the staff shall be fixed by the state public defender. […]
13B.6 Account established. 1. There is established in the state general fund an account to be known as the state public defender operating account. The state public defender may bill a county for services rendered to the county by the office of the state public defender. Receipts shall be deposited in the operating account established […]
13B.7 Legal services to inmates. The state public defender may supervise the provision of legal services, funded by an appropriation to the Iowa department of corrections, to inmates of adult correctional institutions in civil cases involving prison litigation. 83 Acts, ch 96, §160; 83 Acts, ch 203, §12; 88 Acts, ch 1161, §7
13B.8 Office of local public defender. 1. The state public defender may establish or abolish local public defender offices. In determining whether to establish or abolish a local public defender office, the state public defender shall consider the following: a. The number of cases or potential cases where a local public defender is or would […]
13B.8A Public defender property. Repealed by 2007 Acts, ch 126, §113 .
13B.9 Powers and duties of local public defenders — referrals to outside counsel. 1. The local public defender shall do all of the following: a. Represent an indigent person who is under arrest or charged with a crime if the indigent person requests representation or the court orders representation when the type of case, the […]
