SPD Amends Rules to Enforce Contract Attorney Preference

IMPORTANT NOTICE REGARDING COURT APPOINTMENTS

Beginning February 1, 2012, all appointments of attorneys in criminal, juvenile, and other trial-level cases in which claims are submitted for payment from the indigent defense fund, must be made in compliance with section 815.10 of the Iowa Code, including the requirement of section 815.10(2) that attorneys who have a contract with the State Public Defender to handle the type of case in that county must receive appointments before non-contract attorneys. Non-contract attorneys may only be appointed if the appointment order includes a finding that no contract attorney is available or a finding that the State Public Defender has been contacted and consented to the appointment. If consent is required, it must be obtained from the State Public Defender or an Assistant State Public Defender in the Administrative Office at 515-242-6158 or claims@spd.state.ia.us, not from a local public defender office.

Under section 13B.4(4)(d) of the Iowa Code, the State Public Defender may deny claims from attorneys who are appointed contrary to section 815.10. In 2009, the State Public Defender began enforcing section 815.10(1), which requires the appointment of the State Public Defender’s designee on cases falling within the designation in a county (typically the local public defender office). In the past, however, we have not enforced the requirement of section 815.10(2) that attorneys who have a contract with our office receive appointments before non-contract attorneys. Beginning with appointments made after February 1, 2012, the State Public Defender will be enforcing this requirement by denying payment to non-contract attorneys who are appointed contrary to 815.10(2). View the full text of the amendment to the Administrative Rules.

If an attorney wishes to handle indigent defense cases after February 1, 2012, to avoid any issues with denial of payments, he or she should maintain a current contract or request a new contract with the State Public Defender to represent indigent persons in the types of cases (Adult, Juvenile, or Appellate) and in all the counties in which the attorney handles cases. View the paperwork necessary to request a contract. If an attorney is appointed to a case outside of the scope of his or her contract, the attorney should withdraw from the case or seek the permission of the State Public Defender to handle the single case outside of the contract terms and obtain an amended appointment order containing the required finding of consent. Attorneys may check the status of their current contract, add types of cases or counties, or get more information about this change by contacting the State Public Defender’s Office at 515-242-6158 or by e-mail at claims@spd.state.ia.us.