815.10 Appointment of counsel by court. 1. a. The court, for cause and upon its own motion or upon application by an indigent person or a public defender, shall appoint the state public defender’s designee pursuant tosection 13B.4 to represent an indigent person at any stage of the criminal, postconviction,contempt, commitment under chapter 229A, termination under chapter 600A, detentionunder section 811.1A, competency under chapter 812, parole revocation if applicableunder section 908.2A, or juvenile proceedings or on appeal of any criminal, postconviction,contempt, commitment under chapter 229A, termination under chapter 600A, detentionunder section 811.1A, competency under chapter 812, parole revocation under chapter908, or juvenile action in which the indigent person is entitled to legal assistance at publicexpense. However, in juvenile cases, the court may directly appoint an existing nonprofitcorporation established for and engaged in the provision of legal services for juveniles. Anappointment shall not be made unless the person is determined to be indigent under section815.9. b. onprofitcorporation established for and engaged in the provision of legal services for juveniles. Anappointment shall not be made unless the person is determined to be indigent under section815.9. b. An indigent person is entitled to the appointment of one attorney in all cases, except the court may appoint two attorneys in class 'A' felony cases and in cases where an assistantstate public defender from the wrongful convictions division of the office of the state publicdefender enters an appearance after a private attorney has been appointed to representthe indigent person. However, in a class 'A' felony case, a person who is represented by aprivately retained attorney or by an attorney who has agreed to represent the person is notentitled to have an attorney appointed to represent the person based upon the indigence ofthe person. c. For purposes of this subsection, a criminal proceeding in which an indigent person is entitled to legal assistance at public expense is a proceeding where the person faces thepossibility of imprisonment under the applicable criminal statute or ordinance. This sectiondoes not require the appointment of an attorney if the indigent person does not g where the person faces thepossibility of imprisonment under the applicable criminal statute or ordinance. This sectiondoes not require the appointment of an attorney if the indigent person does not request theappointment of an attorney or waives the right to an appointed attorney. 2. If the state public defender or the state public defender’s designee is unable to represent an indigent person, the court shall appoint an attorney who has a contract with the statepublic defender to represent the person in the particular type of case and in the county inwhich the case is pending. 3. If the court determines that no contract attorney is available to represent the person, the court may appoint a noncontract attorney. The order of appointment shall include a specificfinding that no contract attorney was available. 4. The appointment of an attorney shall be on a rotational or equalization basis, considering the experience of the attorney, the difficulty of the case, and the geographicproximity of the attorney’s office to the courthouse and client. 5. An attorney who has been retained or has agreed to represent a person and subsequently applies to the court for appointment to represent mity of the attorney’s office to the courthouse and client. 5. An attorney who has been retained or has agreed to represent a person and subsequently applies to the court for appointment to represent that person because theperson is indigent shall notify the state public defender of the application. Upon the filingof the application, the attorney shall provide the state public defender with a copy of anyrepresentation agreement, and information on any moneys earned or paid to the attorneyprior to the appointment. 6. An attorney appointed under this section is not liable to a person represented by the attorney for damages as a result of a conviction in a criminal case unless the court determinesin a postconviction proceeding or on direct appeal that the person’s conviction resulted fromineffective assistance of counsel, and the ineffective assistance of counsel is the proximatecause of the damage. In juvenile or civil proceedings, an attorney appointed under this sectionis not liable to a person represented by the attorney for damages unless it has been determinedthat the attorney has provided ineffective assistance of counsel, and the ineffective assistanceof counsel is the able to a person represented by the attorney for damages unless it has been determinedthat the attorney has provided ineffective assistance of counsel, and the ineffective assistanceof counsel is the proximate cause of the damage. 7. The state public defender may adopt rules setting forth additional uniform standard procedures for the appointment of counsel and uniform forms for appointment. 83 Acts, ch 186, §10138, 10201; 91 Acts, ch 268, §436, 439; 94 Acts, ch 1187, §24; 96 Acts, ch 1040, §5; 99 Acts, ch 135, §28; 2000 Acts, ch 1115, §7; 2002 Acts, ch 1067, §16; 2004 Acts, Sat Dec 23 12:35:11 2023 Iowa Code 2024, Section 815.10 (20, 0) §815.10, COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE 2 ch 1017, §4; 2004 Acts, ch 1084, §14; 2005 Acts, ch 19, §120; 2005 Acts, ch 107, §8, 14; 2012Acts, ch 1063, §10; 2013 Acts, ch 56, §3, 4; 2017 Acts, ch 88, §5; 2022 Acts, ch 1060, §1 Referred to in §13B.4, 13B.9, 22.7(44), 815.1, 815.7, 815.11 Sat Dec 23 12:35:11 2023 Iowa Code 2024, Section 815.10 (20, 0)
Iowa Legal Code