Judicial Update

Date: 
Friday, January 26, 2018 - 8:30am

 

Adult Fee Claims involving Convictions

In the past all adult fee claims had to be submitted for payment within 45 days of the date of service as defined in IAC 493-12.2(3). For most claims the date of service was the file stamped date on the dispositional order.

In March of 2017, the Rules of Court changed to prevent attorneys at the district court level from withdrawing prior to the expiration of the appeal period in a criminal case. I.C.A. Rule 2.30(1) and I.C.A Rule 2.30(2). In order to allow a contract attorney a full 45 days to file the attorney fee claim, our office extended the time for submission of claims involving convictions until the expiration of the appeal period.

Consequently, the date of service for charges involving convictions (plea and sentencing, verdict and sentencing) has changed. The date of service, for charges ending in conviction, is now the date of expiration of the time for appeal from a judgment of conviction. IAC 493 12.2(3)(a). For indictable offenses the appeal period is 30 days. For simple misdemeanor offenses the appeal period is 10 days.

Beginning February 26, 2018 the date of service for convictions must include the appeal period. The correct date must be entered in the claim form or the claim will be returned to you for correction. Additionally, claims will not be accepted unless the appeal period has expired or a notice of appeal and withdrawal has been filed. This change does not apply to any other types of claims-only adult criminal cases with convictions. All claims must be submitted within 45 days of the date of service.


Changes in Trespass law and appointment of court appointed attorney

As of July 1, 2017 the Iowa law and punishments for trespass changed. Simple misdemeanor trespass is now punishable as a scheduled violation under 805.8C, subsection 11. Even second and third offenses are scheduled fines. Consequently, the accused will not face jail time and therefore no counsel should be appointed at state expense to be paid from the indigent defense fund and claims will not be payable. Iowa Code Section 716.8(1) Also see 716.8(5).

 

Review Hearings for Deferred Judgements or unsupervised probations

The only time legal work for review or show cause hearings is payable is when there is a pending contempt in the case. There have been a number of claims for work after the granting of a deferred judgement or for work monitoring unsupervised probations. That work is not payable by the Indigent Defense Fund.

Please feel free to contact our office with any questions you may have.

  

Judicial Update Memo