ARC 9364C

ARC 9364C

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

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

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.

ITEM 1.Rescind 493—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

DEFINITIONS

493—7.1(13B,815) Definitions. As used in these rules, unless the context otherwise requires, the following definitions apply:

“Affidavit of financial status” means a full written disclosure of all income, assets, liabilities, dependents, and other information required to determine if an applicant qualifies for legal assistance by an appointed attorney.

“Appeal” means a proceeding, other than an interlocutory appeal, application for discretionary review, or juvenile court petition on appeal, filed with the Iowa supreme court.

“Applicant” means a person requesting legal assistance by an appointed attorney.

“Appointed attorney” means an attorney appointed by the court to represent an indigent person.

“Assets” means all resources or possessions of the applicant.

“Attorney” means an individual licensed to practice law in Iowa.

“Attorney time” means the total time the attorney appointed to a case spends on in-court time, out-of-court time, and travel time attributable to that specific case. Attorney time does not include time spent performing clerical activities.

“Case” means all charges or allegations arising from the same transaction or occurrence or contained in the same trial information or indictment in a criminal proceeding or in the same petition in a civil or juvenile proceeding. A probation violation or contempt proceeding is a case separate from the case out of which the violation or contempt arose and separate from a criminal case alleging new criminal charges. Multiple probation revocation proceedings pending at the same time, involving the same client, and arising from the same transaction or occurrence are a single “case.”

“Child” or “juvenile” means the same as defined in Iowa Code chapter 232.

“Claim” means an application or request for payment.

“Claimant” means an appointed attorney or other person seeking reimbursement of costs or fees payable from the indigent defense fund.

“Claims for other professional services” means claims submitted by nonattorneys, including but not limited to investigators, experts, certified shorthand reporters, and persons conducting medical or psychological evaluations.

“Contract” means a written agreement between the state public defender and an attorney to provide legal services to an indigent person. The contract may be for the provision of legal services at either the trial court level or the appellate court level.

“County base” means the amount of expenses in juvenile cases for which the county remains liable pursuant to Iowa Code section 232.141(2).

“Court-appointed attorney” means an attorney appointed by the court to represent an indigent person.

“Department” means the department of inspections, appeals, and licensing.

“Expert witness” or “expert” means a person who is retained to render an opinion regarding an issue relevant to a case, whether or not the person actually testifies in court.

“Family” or “household” means the applicant, applicant’s spouse, including a common-law spouse, and applicant’s children living in the same residence.

“Fee limitations” means the attorney fee limitations established by the state public defender for specific classes of cases as specified in rule 493—12.6(13B,815), together with out-of-pocket expenses approved by the state public defender, whether submitted by a public defender, by an appointed attorney pursuant to 493—Chapter 12, or by another professional pursuant to 493—Chapter 13.

“Fees” means the consideration paid to an appointed attorney to represent an indigent person.

“Fiscal year” means the 12-month period beginning July 1 and ending June 30.

“Governmental assistance program” means any public assistance program from which a person is receiving assistance.

“Income” means any money received from any source, including but not limited to remuneration for labor, products or services; money received from governmental assistance programs; tax refunds; prize winnings; pensions; investments; and money received from any other source.

“In-court time” means time spent by an appointed attorney engaged before a judge or jury, including but not limited to arraignments, bail hearings, pretrial conferences, pretrial motion hearings, evidentiary hearings, jury selection, trial, plea proceedings, posttrial hearings, and probation violation hearings. In-court time does not include time spent at foster care review board hearings, staffings, family drug court, or any other meetings with other state agencies.

“Indigent” means a person entitled to an appointed attorney pursuant to Iowa Code section 815.9.

“Juvenile proceeding” means a case in juvenile court wherein the attorney acts as guardian ad litem for the child in interest or provides legal counsel for the child, parent, guardian or custodian.

“Liabilities” means all living, business or farming expenses and fixed debts.

“Local public defender” means an attorney in the trial division of the state public defender system who performs the duties outlined in Iowa Code section 13B.9.

“Notice of action letter” means a letter sent by the state public defender to notify the claimant that the claimant’s fees or expenses were reduced.

“Out-of-court time” means time actually spent by the attorney appointed to the case in drafting documents, case preparation, depositions and other discovery, client or witness interviews, investigation, research, brief drafting, conferences or negotiations with opposing counsel or the court, reviewing records, and other productive case-related time that is not in-court time or travel time. Out-of-court time does not include clerical activities.

“Paralegal time,” which is payable from the indigent defense fund, means time spent in a Class A felony case at the trial court level in which only one attorney is appointed preparing pleadings and motions, reviewing transcripts, performing legal research, and interviewing witnesses and may include time spent in court assisting the appointed attorney. Paralegal time does not include typing, scheduling, answering the telephone, talking on the telephone except when interviewing witnesses, or other clerical activities or activities that duplicate work performed by the appointed attorney. Paralegal time is not payable in any other cases or in Class A felony cases in which two attorneys are appointed.

“Person” means an individual, corporation, limited liability company, government or governmental subdivision or association, or any legal entity.

“Poverty income guidelines” means the annual poverty income guidelines established by the U.S. Department of Health and Human Services (DHHS).

“Returned fee claim letter” means a letter in which the state public defender returns the claim and notifies the claimant as to the reason the claim was returned.

“Rules of criminal procedure” means the rules prescribed by the supreme court that govern criminal actions and proceedings in all courts in the state.

“State public defender” means the state public defender appointed pursuant to Iowa Code chapter 13B and those other persons authorized to act on behalf of the state public defender.

“State public defender system” means a system for providing defense services within the state by means of a centrally administered organization having a full-time staff.

“Written,” as used in these rules, may include electronically transmitted communication except where a statute or rule expressly requires an original signature, mailing or any other special form of delivery other than electronic transmission.

This rule is intended to implement Iowa Code chapters 13B and 815.