How To Get Paid for Indigent Defense Cases DRAKE UNIVERSITY 09/08/2017

Transcription

1 How To Get Paid for Indigent Defense Cases DRAKE UNIVERSITY 09/08/2017

2 How To Get Paid for Indigent Defense Cases Designations: Which counties and case types can I be appointed to Bad Appointment Orders Recent Rule Changes Common Claim Form Errors

3 Designations: What does that mean? You ve received your first Court Appointed case First two things to check

4 Designations: What does that mean? You ve received your first Court Appointed case First two things to check 1. Is there a PD designate for this type of case, in this county?

5 Designations: What does that mean? You ve received your first Court Appointed case First two things to check 1. Is there a PD designate for this type of case, in this county? 2. Do I have a contract for this type of case?

6 Designations: What is a designation?

7 INDIGENT DEFENSE SYSTEM IN IOWA HYBRID SYSTEM About 200 Public Defender Employees About 840 Contract Attorneys

8 Designations: What is a designation? The SPD shall coordinate the provision of legal representation of all indigents under arrest or charged with a crime (and other types of cases listed in the code section). Iowa Code 13B.4(1).

9 Designations: What is a designation? The SPD shall file a notice with the clerk.. in each county.. designating which public defender office shall receive notice of appointments Iowa Code 13B.4(2).

10 Designations: What is a designation? The SPD shall may contract with person admitted to practice law in this state for the provision of legal services to indigent persons. Iowa Code 13B.4(3).

11 Contract Attorneys THAT S YOU

12 Designations: What is a designation? How do I find the SPD Designation Charts?

13 How do I find the SPD Designation Charts? SPD Website:

14

15 SPD Designation Charts

16 SPD Designation Charts

17 SPD Designation Charts? The SPD Designate shall be appointed to all cases in which they have filed a designation Case type/county

18 SPD Designation Charts? Contract attorney can be appointed if: No Designate; or PD s office has conflict

19 SPD Designation Charts? The SPD shall may contract with person admitted to practice law in this state for the provision of legal services to indigent persons. Iowa Code 13B.4(3).

20 APPOINTMENT SEQUENCE The court shall appoint the state public defender s designee pursuant to section 13B.4 to represent indigent persons... Iowa Code (1)(a).

21 APPOINTMENT SEQUENCE If the SPD or the SPD s designee is unable to represent an indigent person, the court shall appoint an attorney who has a contract with the state public defender Iowa Code (3).

22 So the court has to follow the designation list first

23 Designation Sequence Then, if ALL the designees are unable to take the case

24 Designation Sequence Then, if ALL the designees are unable to take the case A contract attorney can be appointed

25 Designation Sequence We ve passed our first hurdle

26 Designation Sequence We ve passed our first hurdle There is no designee or ALL designates cannot take the case for whatever reason

27 Designations: What does that mean? You ve received your first Court Appointed case First two things to check Is there a PD designate for this type of case, in this county? NO

28 Designations: What does that mean? You ve received your first Court Appointed case First two things to check 1. Is there a PD designate for this type of case, in this county? 2. Do I have a contract for this type of case?

29 Designations: What does that mean? You ve received your first Court Appointed case First two things to check 2. Do I have a contract for this type of case?

30 CONTRACT WITH THE SPD If the SPD or the SPD s designee is unable to represent an indigent person, the court shall appoint an attorney who has a contract with the state public defender to represent the person in the particular type of case and in the county in which the case is pending. Iowa Code (2).

31 Contract Types Juvenile Misdemeanors C and D felonies A and B felonies PCRs at the trial court level Appeals

32 Juvenile CINA cases TPR cases Delinquencies Juvenile Commitment Hearings Judicial Bypass cases

33 Misdemeanors Simple misdemeanors, serious misdemeanors, and aggravated misdemeanors Probation violation cases (regardless of level of the underlying conviction) Parole violation cases Contempts

34 Contract Types Attorney Smith, has an SPD contract to take Appeals (statewide) and felony cases in Polk County

35 Contract Types Attorney Smith, has an SPD contract to take Appeals (statewide) and felony cases in Polk County Client is on probation for a class C felony Possession/Delivery conviction

36 Contract Types Attorney Smith, has an SPD contract to take Appeals (statewide) and felony cases in Polk County Client is on probation for a class C felony Possession/Delivery conviction Client is charged with violating the terms of her probation

37 Contract Types The local public defender s office is appointed and withdraws Attorney Smith is appointed

38 Has the Designation Sequence been followed?

39 Has the Designation Sequence been YES followed? The Polk County PD s office was appointed but withdrew

40 Does Attorney Smith have a contract for this type of case?

41 Here s Attorney Smith s Contract Information Again Attorney Smith, has an SPD contract to take Appeals (statewide) and felony cases in Polk County

42 Does Attorney Smith Have a Contract to Take this Probation Violation Case? No Probation violations fall into the misdemeanor category for contract and claims purposes

43 Exceptions Contract Types

44 Contract Types Exceptions Companion Cases

45 Contract Types Exceptions Companion Cases Client is charged with Felony PCS and Misdemeanor paraphernalia

46 Contract Types Exceptions Companion Cases Client is charged with Felony PCS and Misdemeanor paraphernalia Attorney Smith can be appointed to both cases

47 Designations and Contract Types You ve received your first Court Appointed case First two things to check 1. Is there a PD designate for this type of case, in this county? 2. Do I have a contract for this type of case?

48 Bad Appointment Orders

49 Bad Appointment Orders Beside the caption information and court number, there are two requirements on an appointment order for the attorney to be paid

50 Bad Appointment Orders Beside the caption and court number information there are two requirements on an appointment order for the attorney to be paid 1. Finding of Indigence

51 Bad Appointment Orders Beside the caption and court number information there are two requirements on an appointment order for the attorney to be paid 1. Finding of Indigence 2. The appointed attorney s name

52 Indigence The client s financial status is determined by the client submitting a financial affidavit

53 Indigence The client s financial status is determined by the client submitting a financial affidavit Indigence is determined by the Federal Poverty Guidelines

54 Indigence The levels of indigence for court appointed counsel purposes Child (Iowa Code Section 232) another discussion 125% or less More than 125% but less then 200% More than 200%

55 Form Appointment Orders 1. The Defendant: Is eligible for court-appointed counsel pursuant to Iowa Code because: Defendant s income is at or below 125% of the poverty guidelines and Defendant is unable to pay for the cost of an attorney; OR Defendant s income is between 125% and 200% of the poverty guidelines and not appointing counsel would cause Defendant substantial financial hardship; OR Defendant s Income is over 200% of the poverty guidelines, Defendant is charged with a felony, and not appointing counsel would cause Defendant substantial financial hardship. Is not eligible for court-appointed counsel pursuant to Iowa Code

56 Form Appointment Orders 1. The Defendant: Is eligible for court-appointed counsel pursuant to Iowa Code because: Defendant s income is at or below 125% of the poverty guidelines and Defendant is unable to pay for the cost of an attorney; OR Defendant s income is between 125% and 200% of the poverty guidelines and not appointing counsel would cause Defendant substantial financial hardship; OR Defendant s Income is over 200% of the poverty guidelines, Defendant is charged with a felony, and not appointing counsel would cause Defendant substantial financial hardship. Respondent: if found in contempt, would face possible jail time. Is not eligible for court-appointed counsel pursuant to Iowa Code Order I see from time to time in an unnamed county

57 Form Appointment Orders 1. The Defendant: Is eligible for court-appointed counsel pursuant to Iowa Code because: Defendant s income is at or below 125% of the poverty guidelines and Defendant is unable to pay for the cost of an attorney; OR Defendant s income is between 125% and 200% of the poverty guidelines and not appointing counsel would cause Defendant substantial financial hardship; OR Defendant s Income is over 200% of the poverty guidelines, Defendant is charged with a felony, and not appointing counsel would cause Defendant substantial financial hardship. Respondent: if found in contempt, would face possible jail time. Is not eligible for court-appointed counsel pursuant to Iowa Code This order is NOT ok, there is no finding of indigence

58 Client is charged with Misdemeanor Domestic and has income >200%. Is this a valid appointment? 1. The Defendant: Is eligible for court-appointed counsel pursuant to Iowa Code because: Defendant s income is at or below 125% of the poverty guidelines and Defendant is unable to pay for the cost of an attorney; OR Defendant s income is between 125% and 200% of the poverty guidelines and not appointing counsel would cause Defendant substantial financial hardship; OR Defendant s Income is over 200% of the poverty guidelines, Defendant is charged with a felony, and not appointing counsel would cause Defendant substantial financial hardship.

59 Client is charged with Misdemeanor Domestic and has income >200%. Is this a valid appointment? 1. The Defendant: Is eligible for court-appointed counsel pursuant to Iowa Code because: Defendant s income is at or below 125% of the poverty guidelines and Defendant is unable to pay for the cost of an attorney; OR Defendant s income is between 125% and 200% of the poverty guidelines and not appointing counsel would cause Defendant substantial financial hardship; OR Defendant s Income is over 200% of the poverty guidelines, Defendant is charged with a felony, and not appointing counsel would cause Defendant substantial financial hardship. This appointment is NOT ok? The client is not indigent and does not qualify for counsel at state expense.

60 PD Withdraws and Contract Attorney is Appointed IT IS HEREBY ORDERED THAT Attorney Smith, Attorney at Law, whose telephone number is xxx-xxx-xxxx, is appointed to represent the Defendant subject to financial qualifications. IT IS FURTHER ORDERED the Public Defender Office is relieved of responsibility in this case and the Clerk of Court shall remove the Waterloo Adult Public Defender Office from the indexed parties.

61 PD Withdraws and Contract Attorney is Appointed IT IS THEREFORE ORDERED that STATE PUBLIC DEFENDERS OFFICE is allowed to withdraw as attorney of record. IT IS FURTHER ORDERED that attorney Smith is now appointed to represent the Defendant in the above captioned matter as the Defendant remains indigent. The attorney can be reached at xxx-xxx-xxxx. Dated this xx, 2015.

62 Sample Great Appointment Order

63 Good Appointment Orders Beside the caption and court number information there are two requirements on an appointment order for the attorney to be paid 1. Finding of Indigence 2. The appointed attorney s name 3. Use The Forms available at :

64 How To Get Paid for Indigent Defense Cases Designations: Which counties and case types can I be appointed to Bad Appointment Orders Recent Rule Changes Common Claim Form Errors

65 Recent Rule Changes Completed our conversion to Electronic Claim Submission System Change in the Date of Service for Some Adult Criminal Cases

66 Recent Rule Changes Completed our conversion to Electronic Claim Submission System Adult Juvenile Appellate

67 Recent Rule Changes Claims submitted on or after January 1, 2017, shall be submitted electronically via the online claims Web site: Effective January 1, 2017 any reference in these rules to forms for Adult, Juvenile, or Appellate claim means the respective electronic claims submission page on the online claims Web site. The SPD, at the SPD s sole discretion, may grant limited exception to the requirement that claims be submitted electronically via the online claims Web site. IAC (1)(a)(2).

68 SPD Online Claims Submission Website

69 Recent Rule Changes Change in the Date of Service for Adult Criminal Cases Conviction Verdict and Sentencing Plea and Sentencing

70 Recent Rule Changes Iowa R. Crim. P. 2.30(1)Duty of continuing representation; withdrawal in the event of the entry of a judgment of conviction and sentence, an attorney may not withdraw until the expiration of the time for appeal from the judgment of conviction if no notice of appeal is filed

71 Recent Rule Changes Reason for Change: Attorneys were withdrawing right after sentencing, the client later wishes to appeal; and No appointed attorney to help the client perfect the appeal

72 Recent Rule Changes SPD Administrative Rule Change SPD wanted to give the attorney more time to submit a fee claim

73 Recent Rule Changes SPD wanted to give the attorney more time to submit a fee claim a. Adult claims. For adult claims, date of service means the date of the expiration of the time for appeal from a judgment of conviction

74 Recent Rule Changes SPD wanted to give the attorney more time to submit a fee claim The attorney still has 45 days from the Date of Service to submit a fee claim. But The Date of Service is now moved out 30 days (or 10 days in Simple Misd. Appeals).

75 How To Get Paid for Indigent Defense Cases Designations: Which counties and case types can I be appointed to Bad Appointment Orders Recent Rule Changes Common Claim Form Errors

76 Common Claim Form Errors

77 Common Claim Form Errors Court Number Appointment Date Date of Service

78 Common Claim Form Errors

79 Court Number This is the case number(s) assigned by the clerk when there is a new filing

80 Common Claim Form Errors Court Number COURT NUMBER: Please enter all of the complete COURT NUMBER(s) without, dashes or slashes. Separate multiple court numbers with a comma and a space. Example: enter JVJV000123, JVJV not JVJV000123, 124. Do not enter any other information in this field such as CINA, TPR, the child s name(s), or the & symbol.

81 Court Number Court Number from Appointment Order Court Number on Claim Form

82 Appointment Date

83 Appointment Date Unless otherwise specified in the Order, the Appointment Date is the file stamped date on the appointment Order

84 Appointment Date

85 Appointment Date: Retroactive

86 Appointment Date: NOT OK this appointment is effective the first date of service or contact by the appointed attorney

87 Common Claim Form Errors Appointment Date: File Stamped Date on the Appointment Order Appointment Date on Claim Form

88 Date of Service

89 Date of Service Claims must be submitted within 45 days of the Date of Service.

90 Date of Service Adult Fee Claims Adult claims. For adult claims, date of service means the date of filing of an order indicating that the case was dismissed or the client was acquitted, the date of the expiration of the time for appeal from a judgment of conviction, the date of a final order in a post conviction relief case, the date of mistrial, the date on which a warrant was issued for the client, or the date of a court order authorizing the attorney s withdrawal from a case prior to the date of a dismissal, acquittal, sentencing, or mistrial. The filing of a notice of appeal is not a date of service. If a motion for reconsideration is filed, the date on which the court rules on that motion is the date of service. For interim adult claims authorized by subrule 12.3(3) or 12.3(4), the date of service is the last day on which the attorney claimed time on the itemization of services. Iowa Admin. Code (3)(a)

91 Juvenile Fee Claims Juvenile claims. For juvenile claims, date of service means the date of filing of an order as a result of the dispositional hearing or most recent post dispositional hearing that occurs while the client is still an active party in the case, the date on which the client ceased to be a party, the date of a court order authorizing the attorney s withdrawal from a case prior to the filing of the final ruling with respect to the client, the date jurisdiction is waived to adult court, the date on which the venue is changed, the date of dismissal, or the file-stamped date of a procedendo resulting from a petition on appeal. The date of a family drug court meeting, family team meeting, staffing, or foster care review board hearing is not a date of service. Iowa Admin. Code (3)(b)

92 Appellate Fee Claims Appellate claims. For appellate claims, date of service means the date on which the case was dismissed, the date of a court order authorizing the attorney s withdrawal prior to the filing of the proof brief, the date on which the proof brief was filed, or the date on which the procedendo was issued. Iowa Admin. Code (3)(c)

93 How To Get Paid for Indigent Defense Cases Designations: Which counties and case types can I be appointed to Bad Appointment Orders Recent Rule Changes Common Claim Form Errors

94 QUESTIONS?

95 How To Get Paid for Indigent Defense Cases DRAKE UNIVERSITY 09/08/2017