Governor Signs HF 2326

On March 26, 2014, Governor Terry E. Branstad signed House File 2326.  This bill, which was proposed by the State Public Defender, responds to the recent Iowa Supreme Court decision, Crowell v. State Public Defender, which held that the heightened eligibility requirements for the appointment of counsel under section 600A.6A are unconstitutional and that the State Appeal Board was responsible for paying claims by attorneys appointed contrary to section 600A.6A.  The bill amends section 600A.6A to remove the unconstitutional heightened eligibility requirements, and thus returns responsibility for payment of all claims by attorneys appointed at state expense in chapter 600A proceedings to the State Public Defender.  This provision is effective March 26, 2014.  A revised Financial Affidavit and Appointment Order incorporating the statutory revisions is available here.

The bill also makes several technical corrections clarifying when the state is responsible for paying for the respondent's court-appointed attorney and when the petitioner or prospective parent is responsible for payment.   And the bill clarifies the State Public Defender's authority to provide juvenile records contained within indigent defense fee claims to law enforcement agencies during the course of an investigation of fraudulent billing practices of a court-appointed attorney.  These provisions are effective July 1, 2014.