ARC 9359C - Iowa Administrative Rules

Notice of Intended Action

Administration, ch 1

Untitled document

ARC 9359C

STATE PUBLIC DEFENDER[493]

Notice of Intended Action

Proposing rulemaking related to administration
and providing an opportunity for public comment

The State Public Defender hereby proposes to rescind Chapter 1, “Administration,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 13B.4.

State or Federal Law Implemented

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

Purpose and Summary

This proposed rulemaking repromulgates administrative rules based on the requirements of Executive Order 10. Chapter 1 provides information to the public about the organizational structure of the State Public Defender, its purpose, and its location.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on April 16, 2025. A public hearing was held on the following date(s):

●May 6, 2025

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

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.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the State Public Defender no later than 4:30 p.m. on July 15, 2025. Comments should be directed to:

Kurt Swaim
State Public Defender
Department of Inspections, Appeals, and Licensing
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321
Phone: 515.218.2445
Email: kswaim@spd.state.ia.us

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

July 16, 2025 10 a.m.	Ledges Conference Room 6200 Park Avenue Des Moines, Iowa Via videoconference: meet.google.com/oek-jxwy-exy Or dial: (US) +1 260.577.6930 PIN: 692 149 470#
July 23, 2025 10 a.m.	Ledges Conference Room 6200 Park Avenue Des Moines, Iowa Via videoconference: meet.google.com/dis-pwfv-jtq Or dial: (US) +1 515.318.5268 PIN: 541 049 907#

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the State Public Defender and advise of specific needs.

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).

The following rulemaking action is proposed:

ITEM 1.Rescind 493—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

ADMINISTRATION

493—1.1(13B) Scope. This chapter sets forth the organizational structure of the state public defender system and describes its purpose. Definitions of terms used in this chapter can be found in 493—Chapter 7.

493—1.2(13B) Function. The position of state public defender is established by Iowa Code chapter 13B. The state public defender is charged with the supervision of the operation of the state public defender system and with the coordination of the provision of legal defense representation of indigent persons in the state of Iowa.

493—1.3(13B) Overall organization and method of operations.

1.3(1) State public defender system. The state public defender system is administered by the state public defender. The system consists of three divisions: an administrative division, a local public defender division, and an appellate division.

1.3(2) Types of cases. Based on statutes and appropriate case law, the state public defender system provides representation for persons found to be indigent in the following types of cases:

a.Felonies;

b.Misdemeanors, if an accused faces the possibility of imprisonment under the applicable criminal statute or ordinance;

c.Juvenile matters, including delinquency, termination of parental rights, child in need of assistance (CINA), judicial bypass proceedings, filing by an indigent party of an adoption petition under Iowa Code section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding under Iowa Code chapter 232, and juvenile commitments;

d.Probation and parole revocation cases;

e.Civil commitment proceedings under Iowa Code chapter 229A; and

f.Other matters authorized by law.

1.3(3) State public defender. The state public defender is appointed by the governor, subject to confirmation by the senate. The state public defender is the chief administrative officer of the state public defender system and in that capacity coordinates the legal representation of indigent clients in criminal, juvenile and related cases in Iowa. The duties of the state public defender include but are not limited to:

a.Supervising the operations of the local public defender offices;

b.Acting as chief legal officer of the state public defender system;

c.Preparing and submitting the annual budget, personnel and employment policies and preparing an annual report of the activities of the office;

d.Determining locations for establishing future local public defender offices;

e.All other duties as set forth in Iowa Code section 13B.4.

1.3(4) Administrative division. The administrative division carries out all the duties of the state public defender, including but not limited to budget preparation, processing claims for payment of public defender-related costs and expenses, coordinating hiring and disciplinary matters, maintaining statistics regarding case management and handling of cases, and all other administrative matters.

1.3(5) Local public defender division.

a.The local public defender division provides legal representation at the trial level to qualified persons charged with adult crimes or in juvenile matters in counties where local public defender services are provided. The division also provides representation to qualified persons in juvenile appeals and in civil commitment proceedings under Iowa Code chapter 229A at the trial and appellate levels and in any other matters authorized by law.

b.The local public defender division consists of independent local offices and branch offices. Each independent local office is under the direct supervision of a local public defender. A local public defender may supervise a branch office. If so, the branch office may be considered part of the local office.

1.3(6) Appellate division. The appellate division is administered by the state appellate defender, who reports directly to the state public defender. The appellate division provides legal representation to indigent clients in posttrial matters in the appellate courts of the state of Iowa.

493—1.4(13B) Information. Information concerning the office of the state public defender or the state public defender system may be obtained by contacting the Office of the State Public Defender, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321; by telephone at 515.218.2445; or by fax at 515.281.7289. Office hours are 8 a.m.to 4:30 p.m., Monday through Friday, excluding state holidays. The state public defender’s website address is spd.iowa.gov.

These rules are intended to implement Iowa Code chapter 13B.