Iowa Administrative Code Agency 493 - State Public Defender
Here is a summary of Iowa Administrative Code – Agency 493: State Public Defender:
Agency 493 – State Public Defender
The State Public Defender, under the Office of the Iowa Public Defender (within the Department of Inspections and Appeals), is responsible for providing legal representation to indigent persons in criminal, juvenile, and other eligible cases where legal representation is mandated by law.
Key Functions and Responsibilities:
Public Defense Services: Ensures legal representation is provided for those who cannot afford an attorney in cases such as:
Criminal defense
Juvenile delinquency
Child in need of assistance (CINA)
Termination of parental rights (TPR)
Involuntary commitment
Post-conviction relief
Appeals
Assignment of Counsel: Oversees procedures for appointment and compensation of contract and court-appointed attorneys.
Claims and Compensation:
Establishes rules for submitting and processing fee claims by private attorneys.
Sets maximum rates for reimbursement, itemized billing requirements, and time limits.
Contracts with Attorneys:
Administers contracts with private attorneys or law firms to provide indigent defense services.
Sets standards for qualification and performance of contract attorneys.
Appeals and Waivers:
Provides rules for appeal of denied fee claims.
May grant waivers from rules for good cause shown.
Relevant Chapters in IAC (subject to change):
493—1: Organization and Procedures
493—11 to 13: Claims for Indigent Defense Services
493—14: Standards for Court-Appointed Counsel
493—15: Contracts for Indigent Defense
493—16: Appeals of Claims Decisions
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