§ 815.9

815.9 Indigency determined — penalty. 1. For purposes of this chapter, chapters 13B, 229A, 232, 665, 812, 814, and 822, and section 811.1A, and the rules of criminal procedure, a person is indigent if the person isentitled to an attorney appointed by the court as follows: a. A person is entitled to an attorney appointed by the court to represent the person if the person has an income level at or below one hundred twenty-five percent of the United Statespoverty level as defined by the most recently revised poverty income guidelines published bythe United States department of health and human services, unless the court determines thatthe person is able to pay for the cost of an attorney to represent the person on the pendingcase. 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 assetssubject to execution, including but not limited to cash, stocks, bonds, and any other propertywhich may be applied to the satisfaction of judgments, and the seriousness of the charge ornature of the case. b.

to execution, including but not limited to cash, stocks, bonds, and any other propertywhich may be applied to the satisfaction of judgments, and the seriousness of the charge ornature of the case. b. A person with an income level greater than one hundred twenty-five percent, but at or below two hundred percent, of the most recently revised poverty income guidelines publishedby the United States department of health and human services shall not be entitled to anattorney appointed by the court, unless the court makes a written finding that not appointingcounsel on the pending case would cause the person substantial hardship. In determiningwhether substantial hardship would result, the court shall consider not only the person’sincome, but also the availability of any assets subject to execution, including but not limitedto cash, stocks, bonds, and any other property which may be applied to the satisfaction ofjudgments, and the seriousness of the charge or nature of the case. c. A person with an income level greater than two hundred percent of the most recently revised poverty income guidelines published by the United States department of health andhuman services shall not be entitled

ith an income level greater than two hundred percent of the most recently revised poverty income guidelines published by the United States department of health andhuman services shall not be entitled to an attorney appointed by the court, unless the personis charged with a felony and the court makes a written finding that not appointing counselwould cause the person substantial hardship. In determining whether substantial hardshipwould result, the court shall consider not only the person’s income, but also the availabilityof any assets subject to execution, including but not limited to cash, stocks, bonds, and anyother property which may be applied to the satisfaction of judgments, and the seriousness ofthe charge or nature of the case. 2. A determination of whether a person is entitled to an appointed attorney shall be made on the basis of an affidavit of financial status submitted at the time of the person’s initialappearance or at such later time as a request for court appointment of counsel is made. Thestate public defender shall adopt rules prescribing the form and content of the affidavit offinancial status.

ppearance or at such later time as a request for court appointment of counsel is made. Thestate public defender shall adopt rules prescribing the form and content of the affidavit offinancial status. The affidavit of financial status shall be signed under penalty of perjury andshall contain sufficient information to allow the determination to be made of whether theperson is entitled to an appointed attorney under this section. If the person is granted anappointed attorney, the affidavit of financial status shall be filed and permanently retained inthe person’s court file. 3. If a person is granted an appointed attorney, the person shall be required to reimburse the state for the total cost of legal assistance provided to the person pursuant to this section.'Legal assistance' as used in this section shall include not only the expense of the publicdefender or an appointed attorney, but also transcripts, witness fees, expenses, and any othergoods or services required by law to be provided to an indigent person entitled to an appointedattorney. 4. a. If the appointed attorney is a public defender, the attorney shall submit a report to the court specifying the total hours of service

ded to an indigent person entitled to an appointedattorney. 4. a. If the appointed attorney is a public defender, the attorney shall submit a report to the court specifying the total hours of service plus expenses incurred in providing legalassistance to the person, unless the court has ordered that the cost of legal assistance is notrequired to be reimbursed to the state. In a criminal case, the report shall be submitted withina reasonable period of time after the date of sentencing, acquittal, or dismissal. In a case otherthan a criminal case, the report shall be submitted within a reasonable period of time after thedate of any court ruling or the conclusion of a trial held in the case, or if the case is dismissedwithin a reasonable period of time after the date of dismissal. Sat Dec 23 12:35:11 2023 Iowa Code 2024, Section 815.9 (22, 0) §815.9, COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE 2 b. If the appointed attorney is a private attorney or is employed by a nonprofit organization, the state public defender shall report to the clerk of the district court theamounts of any approved claims for compensation and expenses paid on behalf of a personreceiving legal assistance

ization, the state public defender shall report to the clerk of the district court theamounts of any approved claims for compensation and expenses paid on behalf of a personreceiving legal assistance after such claims have been reviewed and paid by the state publicdefender unless the appointed attorney is paid other than on an hourly rate basis and thestate public defender has notified the appointed attorney that the attorney is responsible forreporting the attorney’s total hours of service plus expenses to the court. c. If the appointed attorney has been notified by the state public defender that the attorney is responsible for reporting to the court the total hours of service plus expenses incurredin providing legal assistance to a person, the attorney shall submit a report to the court inthe same manner as a public defender submits a report pursuant to paragraph 'a'. Theamount of the attorney fees to be included in the total cost of legal assistance required tobe reimbursed shall be calculated using the hours of service stated in the report at the hourlyrate of compensation specified under section 815.7. 5.

in the total cost of legal assistance required tobe reimbursed shall be calculated using the hours of service stated in the report at the hourlyrate of compensation specified under section 815.7. 5. If the person receiving legal assistance is convicted in a criminal case, the total costs and fees incurred for legal assistance shall be ordered paid when the reports submitted pursuantto subsection 4 are received by the court, and the court shall order the payment of suchamounts as restitution, to the extent to which the person is reasonably able to pay, or orderthe performance of community service in lieu of such payments, in accordance with chapter910. 6. If the person receiving legal assistance is acquitted in a criminal case or is a party in a case other than a criminal case, the court shall order the payment of all or a portion of thetotal costs and fees incurred for legal assistance, to the extent the person is reasonably ableto pay, after an inquiry which includes notice and reasonable opportunity to be heard. 7. When ordering payment of all or a portion of the total costs and fees incurred for legal assistance under subsection 6, the court may order payment of the costs and

onable opportunity to be heard. 7. When ordering payment of all or a portion of the total costs and fees incurred for legal assistance under subsection 6, the court may order payment of the costs and fees inreasonable installments as provided in section 909.3, or may order the entire amount dueand payable. If any costs and fees are not paid at the time specified in the order of the court,a judgment shall be entered against the person for any unpaid amount. Such judgment maybe enforced by the state in the same manner as a civil judgment. 8. If a person is granted an appointed attorney or has received legal assistance in accordance with this section and the person is employed, the person shall execute anassignment of wages. An order for assignment of income, in a reasonable amount to bedetermined by the court, shall be entered by the court. The state public defender shallprescribe forms for use in wage assignments and court orders entered under this subsection. 9. Notwithstanding subsections 3 and 6, a minor granted a court-appointed attorney or guardian ad litem under section 232.11 in a juvenile proceeding shall not be orderedto reimburse costs and fees incurred for legal

g subsections 3 and 6, a minor granted a court-appointed attorney or guardian ad litem under section 232.11 in a juvenile proceeding shall not be orderedto reimburse costs and fees incurred for legal assistance except as otherwise provided inchapter 232. 83 Acts, ch 186, §10137, 10201; 93 Acts, ch 175, §23, 24; 96 Acts, ch 1193, §9 – 11; 99 Acts, ch 135, §27; 2000 Acts, ch 1115, §6; 2002 Acts, ch 1067, §15; 2004 Acts, ch 1084, §13; 2012Acts, ch 1063, §8, 9; 2013 Acts, ch 56, §1, 2; 2017 Acts, ch 88, §4 Referred to in §13B.10, 125.76, 331.756(5)(a), 331.756(5)(c), 331.756(5)(d), 598.7, 801.4, 814.11, 815.4, 815.10, 815.10A, 815.14, 908.2A, 910.1, 910.2, 910.3 Sat Dec 23 12:35:11 2023 Iowa Code 2024, Section 815.9 (22, 0)