ARC 8685C - Iowa Administrative Rules

Adopted and Filed

Claims for attorney fees in 600A terminations—definitions, hourly rate, fee limitations, 14.2, 14.3

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ARC 8685C

STATE PUBLIC DEFENDER[493]

Adopted and Filed

Rulemaking related to claims for attorney fees in 600A terminations

The State Public Defender hereby amends Chapter 14, “Claims for Attorney Fees in 600A Terminations,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 13B.4(8).

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapters 13B and 815.

Purpose and Summary

The General Assembly changed the definition of “indigency” in Iowa Code chapter 600A to conform to the definition of indigency for purposes of appointment of counsel in all other cases, per Iowa Code section 815.9. This rulemaking reflects that change and clarifies the rate at which court-appointed counsel is to be paid, in line with current practices, and simplifies the language related thereto.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024, as ARC 8280C. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the State Public Defender on December 4, 2024.

Fiscal Impact

The number of people allowed court-appointed counsel will increase with this change of definition; however, the exact increase is unknown. Based on the State Public Defender Office’s experience in the area, it is assumed the increased number will not exceed 10 percent. The average cost to the fund over FY 2022 and FY 2023 was $41,822. A 10 percent increase as a result of this legislation would be an increase of $4,182.25, bringing the total future cost to the fund to $46,005.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—Chapter 6.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rulemaking will become effective on January 29, 2025.

The following rulemaking action is adopted:

ITEM 1.Amend rule 493—14.2(13B,600A,815) as follows:

493—14.2(13B,600A,815) DefinitionsDefinition. The following definitions applydefinition applies only to this chapter.

“Indigent” means the person has an income level at or below 100 percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the U.S. Department of Health and Human Services, unless the court determines that the person is able to pay for the cost of an attorney in the pending case. In making the determination of a person’s ability to pay for the cost of an attorney, the court shall consider not only the person’s income, but also the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the nature and complexity of the casemeans the same as defined in Iowa Code section 600A.2(12).

ITEM 2.Amend rule 493—14.3(13B,600A,815) as follows:

493—14.3(13B,600A,815) Hourly rate and fee limitations. Unless the attorney has a contract with the state public defender that provides for a different rate or manner of payment, claims for attorney fees in a termination of parental rights case under Iowa Code chapter 600Ato which the attorney was appointed after March 11, 2004, and before July 1, 2006, shall be paid at the rate of $50 per hour, with a fee limitation of $500 for the trial court proceedings and $500 for appellate proceedings. Claims for attorney fees in a termination of parental rights case under Iowa Code chapter 600A to which the attorney was appointed after June 30, 2006, and before July 1, 2007, shall be paid at the rate of $55 per hour, with a fee limitation of $550 for the trial court proceedings and $550 for appellate proceedings. Claims for attorney fees in a termination of parental rights case under Iowa Code chapter 600A to which the attorney was appointed after June 30, 2007, shall be paid at the rate of $60 per hour, with athe hourly rate consistent with Iowa Code section 815.7 for “all other cases.” The fee limitation of $600is ten hours for the trial court proceedings and $600ten hours for appellate proceedings.