To be eligible to contract with the state public defender for a
type of case, the attorney must meet the minimum qualification requirements
established by this rule for the particular type of case. Prior to contracting
with the state public defender, an attorney shall certify the attorney's
compliance with these requirements and, prior to renewal of the contract, shall
certify compliance with any ongoing requirements. Satisfying these minimum
requirements does not guarantee an attorney a contract with the state public
defender. The state public defender retains the discretion to deny or terminate
contracts if the state public defender determines that such action is in the
best interests of the state.
(1)
Juvenile cases. To be eligible to
contract to represent
indigent persons in
juvenile cases, including
juvenile petitions on
appeal, an
attorney must be in compliance with Rule 8.36 of the Iowa Rules of
Juvenile
Procedure, regardless of whether the
attorney seeks to represent parents or
children or serve as guardian ad litem in
juvenile court. An
attorney
contracting to represent
indigent persons in
juvenile cases must:
a. Participate in three hours of continuing
legal education related to juvenile court proceedings prior to contracting with
the state public defender; and
b.
Continue to participate in three hours of continuing legal education related to
juvenile court proceedings each year.
The state public defender shall review juvenile contract
renewals and may apply juvenile-related continuing legal education hours in the
same manner as criminal-related continuing legal education hours.
(2)
Appellate
cases. To be eligible to
contract to represent
indigent persons in
appellate cases, including direct appeals of criminal cases, appeals from
postconviction relief proceedings, and appeals from any other
case for which
counsel is statutorily authorized to be paid from the
indigent defense fund at
the trial level except in cases where the
attorney is statutorily appointed for
purposes of the
appeal, an
attorney must:
a.
Participate in the basic criminal appeals training sponsored by the state
public defender within one year of entering into the contract, unless the
attorney has already handled a criminal appeal in Iowa state court;
and
b. Participate in three hours
of continuing legal education related to criminal law each calendar year in
which the attorney has an active indigent defense contract.
(3)
Postconviction relief
cases. To be eligible to
contract to represent
indigent persons in
postconviction relief cases at the trial level, an
attorney must:
a. Have practiced criminal law or served as a
judicial law clerk for two years or more in any state or federal
court;
b. Participate in five hours
of continuing legal education related to criminal law each calendar year in
which the attorney has an active indigent defense contract and in the year
prior to entering into the contract;
c. Participate in a postconviction relief
basic training sponsored by the state public defender prior to entering into
the contract, unless the attorney has previously handled at least three
postconviction relief proceedings to completion; and
d. Provide the names of at least three judges
or magistrates who can discuss the qualifications and effectiveness of the
attorney to represent
indigent persons in postconviction relief cases.
An attorney who has not met all the requirements may provide
the state public defender additional detail regarding the attorney's experience
and qualifications and the circumstances preventing the attorney from meeting
all the requirements, and may be approved for contracting by the state public
defender at the state public defender's sole discretion.
(4)
Class A
felonies. To be eligible to
contract to represent
indigent persons in
Class A felony cases at the trial level, an
attorney must:
a. Have practiced criminal law for four years
or more in any state or federal court;
b. Have tried at least five criminal jury
trials involving indictable offenses to completion either as lead counsel or as
a pro bono second attorney in a criminal jury trial if the service as pro bono
second attorney is approved in advance for credit under this rule by the state
public defender;
c. Participate in
five hours of continuing legal education related to criminal law each calendar
year in which the attorney has an active indigent defense contract and in the
year prior to entering into the contract; and
d. Provide the names of at least three judges
or magistrates who can discuss the qualifications and effectiveness of the
attorney to represent
indigent persons in Class A felony cases.
If an attorney satisfies the requirements for Class B felonies
or Class C and Class D felonies, the attorney may contract to serve as the
second attorney representing an indigent person in a Class A felony in a case
where the first appointed attorney meets these requirements. An attorney who
does not meet all the requirements may provide the state public defender
additional detail regarding the attorney's experience and qualifications and
the circumstances preventing the attorney from meeting all the requirements and
may be approved for contracting by the state public defender at the state
public defender's sole discretion.
(5)
Class B felonies. To be
eligible to
contract to represent
indigent persons in Class B felony cases at
the trial level, an
attorney must:
a. Have
practiced criminal law for three years or more in any state or federal
court;
b. Have tried at least three
criminal jury trials involving indictable offenses to completion either as lead
counsel or as a pro bono second attorney in a criminal jury trial if the
service as pro bono second attorney is approved in advance for credit under
this rule by the state public defender;
c. Participate in five hours of continuing
legal education related to criminal law each calendar year in which the
attorney has an active indigent defense contract and in the year prior to
entering into the contract; and
d.
Provide the names of at least three judges or magistrates who can discuss the
qualifications and effectiveness of the
attorney to represent
indigent persons
in Class B felony cases.
An attorney who has not met all requirements may provide the
state public defender additional detail regarding the attorney's experience and
qualifications and the circumstances preventing the attorney from meeting all
the requirements and may be approved for contracting by the state public
defender at the state public defender's sole discretion.
(6)
Class C and D
felonies. To be eligible to
contract to represent
indigent persons in
Class C and Class D felony cases at the trial level, an
attorney must:
a. Have practiced criminal law for two years
or more in any state or federal court;
b. Have tried at least one criminal jury
trial to completion either as lead counsel or as a pro bono second attorney in
a criminal jury trial if the service as pro bono second attorney is approved in
advance for credit under this rule by the state public defender;
c. Participate in five hours of continuing
legal education related to criminal law each calendar year in which the
attorney has an active indigent defense contract and in the year prior to
entering into the contract; and
d.
Provide the names of at least three judges or magistrates who can discuss the
qualifications and effectiveness of the
attorney to represent
indigent persons
in Class C and Class D felony cases.
An attorney who has not met all requirements may provide the
state public defender additional detail regarding the attorney's experience and
qualifications and the circumstances preventing the attorney from meeting all
the requirements and may be approved for contracting by the state public
defender at the state public defender's sole discretion.
(7)
Misdemeanor and other
cases. To be eligible to
contract to represent
indigent persons in
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, an
attorney must:
a. Participate in the basic
criminal defense training sponsored by the state public defender within one
year of entering into the contract, unless the attorney already has an active
indigent defense contract or has practiced criminal law for more than two
years; and
b. Participate in three
hours of continuing legal education related to criminal law each calendar year
in which the
attorney has an active
indigent defense
contract.
However, an attorney who has a contract to handle any felony
offense may accept appointments in misdemeanor cases, probation and parole
revocation cases, and contempt cases for which counsel is statutorily
authorized to be paid from the indigent defense fund at the trial level, but
the attorney with the contract to handle the felony offense will not be added
to the list disseminated to the clerks of court to handle misdemeanor cases,
probation and parole cases, or contempt cases unless the attorney has secured
an amendment to the attorney's contract to handle those types of cases.
(8)
Amended
charges. An attorney who is appointed to a case that is initially
within the scope of the attorney's contract but is subsequently amended to
contain more serious charges that are outside the scope of the attorney's
contract shall request that the court authorize the attorney's withdrawal from
the case and appoint an attorney with a contract that covers the amended
charges in the county in which the action was pending unless the court
determines that no such attorney with an applicable contract is available or
the state public defender consents to the continued representation by the
original attorney.
Notes
Iowa Admin. Code r. 493-11.3
Amended by
IAB
June 25, 2014/Volume XXXVI, Number 26, effective
7/30/2014.
Amended by
IAB
February 03, 2016/Volume XXXVIII, Number 16, effective
3/9/2016
Amended by
IAB
April 21, 2021/Volume XLIII, Number 22, effective
5/26/2021
Amended by
IAB
January 11, 2023/Volume XLV, Number 14, effective
2/15/2023
