Iowa Admin. Code r. 493-11.2 - Contracts
An
(1)
Eligibility. To be
eligible to contract with the state public defender , an attorney must be
licensed to practice law in the state of Iowa and must meet the minimum
qualification requirements for contracting as set forth in rule 493-11.3 (13B)
for the types of cases for which the attorney is contracting.
(2)
Contract copy. A copy of
an original contract is available from the Office of the State Public Defender ,
6200 Park Avenue, Suite 100, Des Moines, Iowa 50321, by telephoning
515.218.2445, or on the web at spd.iowa.gov.
(3)
Notice of contract
opportunities. The state public defender will give notice to attorneys
of the availability of contracts for indigent defense legal services in a
manner reasonably calculated to make attorneys aware of the availability of the
contracts.
(4)
Contract
types. Unless the attorney and state public defender agree in writing
to a contract covering a different type of case , the contract shall cover one
or more of the following categories of case types:
a. Juvenile cases, including juvenile
petitions on appeal ;
b. Appellate
cases, including direct appeals of criminal cases, appeals from postconviction
relief proceedings, and any other case for which counsel is statutorily
authorized to be paid from the indigent defense fund at the trial
level;
c. Postconviction relief
cases at the trial level;
d. Class
A and B felony cases at the trial level;
e. Class C and D felony cases at the trial
level, and Class A felony cases in which another attorney who meets the minimum
requirements for such cases is also appointed as the lead counsel;
f. Misdemeanor cases, probation and parole
revocation cases, contempt proceedings, and any other adult criminal or civil
cases for which counsel is statutorily authorized to be paid from the indigent
defense fund at the trial level.
(5)
Written approval
required. A contract can only be in force and effect when a contract
acceptance form is signed by the contracting attorney and approved by the state
public defender . The approved contract is only effective for those types of
cases and those counties requested by the attorney and approved by the state
public defender in writing on the acceptance and approval form, renewal form,
or a subsequent written amendment. Nevertheless, a contract covering appellate
cases is effective for all 99 counties.
(6)
Independent contractor.
The contracting attorney shall be an independent contractor and shall not be an
agent or employee of the state of Iowa. The attorney shall exercise the
attorney 's best independent professional judgment on behalf of clients to whom
the attorney is assigned.
(7)
Notification to clerks. On a monthly basis, the state public
defender shall notify the clerks of court in each county of those attorneys who
have an approved contract for each type of case in each respective
county.
(8)
Contract
terms. A contract between the state public defender and an attorney
shall cover, but is not limited to, the following subjects:
a. The types of cases in which the attorney
is to provide services;
b. The
counties in which the attorney is to provide services;
c. The term of the contract and the
responsibility of the attorney for provision of services in cases undertaken
pursuant to the contract ;
d.
Identification of the attorney who will perform legal representation under the
contract ;
e. A prohibition against
assignment of the obligations undertaken pursuant to the contract and a
description of the manner in which temporary substitute counsel may be
utilized;
f. The qualifications of
the contracting attorney to undertake legal representation pursuant to the
contract ;
g. A description of the
compensation to be paid and the manner of payment;
h. A description of any expenses which may be
provided under the contract ;
i. A
description of the record-keeping and reporting requirements under the
contract ;
j. A description of the
manner in which the contract may be terminated;
k. A description of the manner of disposition
of ongoing obligations following termination of the contract .
(9)
Compensation.
Unless the contract provides for a different rate or manner of payment, the
attorney shall be compensated as set forth in rule 493-12.4 (13B,815).
(10)
Contract form. Unless
the attorney and state public defender agree in writing to vary the terms of
the contract between them, the terms contained in the Indigent Defense Legal
Services Contract No. 493 -14 shall constitute the agreement between the
parties for the provision of legal services.
(11)
No guarantee of
appointments. An attorney under contract with the state public
defender is not guaranteed any minimum number of court appointments. The
process by which attorneys under contract with the state public defender are
appointed to specific cases is governed by Iowa Code chapters 814 and 815. The
state public defender shall retain sole authority to determine the length of
each contract or contract renewal.
Notes
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