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| 1 | 1 | House File 16 - Introduced HOUSE FILE 16 BY LOHSE A BILL FOR An Act relating to indigent defense and the appointment of 1 counsel by the court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1712YH (2) 91 as/js | |
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| 3 | 3 | H.F. 16 Section 1. Section 815.10, subsection 6, Code 2025, is 1 amended to read as follows: 2 6. An attorney appointed under this section is not 3 liable to a person represented by the attorney for damages 4 as a result of a conviction in a criminal case unless the 5 court determines in a postconviction proceeding or on direct 6 appeal that the persons conviction resulted from ineffective 7 assistance of counsel, and the ineffective assistance of 8 counsel is the proximate cause of the damage. In juvenile or 9 civil proceedings, an attorney appointed under this section 10 is not liable to a person represented by the attorney for 11 damages unless it has been determined that the attorney has 12 provided ineffective assistance of counsel, and the ineffective 13 assistance of counsel is the proximate cause of the damage. 14 A noncontract attorney appointed under this section, without 15 the consent of the attorney, who is accused of ineffective 16 assistance of counsel shall be treated as a state employee 17 under chapter 669, including defense and indemnification under 18 section 669.21. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 This bill relates to indigent defense and the appointment of 23 counsel by the court. 24 The bill provides that a noncontract attorney appointed 25 by the court, without the consent of the attorney, who is 26 accused of ineffective assistance of counsel shall be treated 27 as a state employee under Code chapter 669 (state tort 28 claims), including defense and indemnification under Code 29 section 669.21, which provides that the state shall defend any 30 employee, and shall indemnify and hold harmless an employee 31 against any claim. 32 -1- LSB 1712YH (2) 91 as/js 1/ 1 |