13B.9 POWERS AND DUTIES OF LOCAL PUBLIC DEFENDERS --
REFERRALS TO OUTSIDE COUNSEL.
1. The local public defender shall do all of the following:
a. Represent without fee an indigent person who is under
arrest or charged with a crime if the indigent person requests
representation or the court orders representation. The local public
defender shall counsel and defend an indigent defendant at every
stage of the criminal proceedings and prosecute before or after
conviction any appeals or other remedies which the local public
defender considers to be in the interest of justice unless other
counsel is appointed to the case.
b. Represent an indigent party, without fee and upon an order
of the court, in child in need of assistance, family in need of
assistance, delinquency, and termination of parental rights
proceedings pursuant to chapter 232 in a county served by a public
defender. The local public defender shall counsel and represent an
indigent party in all proceedings pursuant to chapter 232 in a county
served by a public defender and prosecute before or after judgment
any appeals or other remedies which the local public defender
considers to be in the interest of justice unless other counsel is
appointed to the case.
c. Serve as guardian ad litem for each child in all cases in
which the local public defender office is the state public defender's
designee. The local public defender shall be responsible for
determining who shall perform the duties of the guardian ad litem as
defined in section 232.2 and shall be responsible for assuring the
court that the duties of the guardian ad litem have been fulfilled.
2. An attorney appointed under this section is not liable to a
person represented by the attorney for damages as a result of a
conviction in a criminal case unless the court determines in a
postconviction proceeding or on direct appeal that the person's
conviction resulted from ineffective assistance of counsel, and the
ineffective assistance of counsel is the proximate cause of the
damage. In juvenile or civil proceedings, an attorney appointed
under this section is not liable to a person represented by the
attorney for damages unless it has been determined that the attorney
has provided ineffective assistance of counsel and the ineffective
assistance of counsel is the proximate cause of the damage.
3. The local public defender shall handle every case to which the
local public defender is appointed if the local public defender can
reasonably handle the case. The local public defender shall be
responsible for assigning cases to individual attorneys within the
local public defender office and for making decisions concerning
cases in which the local public defender has been appointed.
4. a. If a conflict of interest arises or if the local public
defender is unable to handle a case because of a temporary overload
of cases, the local public defender shall return the case to the
court. If the case is returned and the state public defender has
filed a successor designation, the court shall appoint the successor
designee. If there is no successor designee on file, the court shall
make the appointment pursuant to section 815.10. As used in this
subsection, "successor designee" may include another local public
defender office or a nonprofit organization that has contracted with
the state public defender under section 13B.4, subsection 3.
b. If a conflict of interest arises in any case, subsection 1
does not affect the local public defender's obligation to withdraw as
counsel or as guardian ad litem.
13B.9 POWERS AND DUTIES OF LOCAL PUBLIC DEFENDERS --
REFERRALS TO OUTSIDE COUNSEL.
1. The local public defender shall do all of the following:
a. Represent without fee an indigent person who is under
arrest or charged with a crime if the indigent person requests
representation or the court orders representation. The local public
defender shall counsel and defend an indigent defendant at every
stage of the criminal proceedings and prosecute before or after
conviction any appeals or other remedies which the local public
defender considers to be in the interest of justice unless other
counsel is appointed to the case.
b. Represent an indigent party, without fee and upon an order
of the court, in child in need of assistance, family in need of
assistance, delinquency, and termination of parental rights
proceedings pursuant to chapter 232 in a county served by a public
defender. The local public defender shall counsel and represent an
indigent party in all proceedings pursuant to chapter 232 in a county
served by a public defender and prosecute before or after judgment
any appeals or other remedies which the local public defender
considers to be in the interest of justice unless other counsel is
appointed to the case.
c. Serve as guardian ad litem for each child in all cases in
which the local public defender office is the state public defender's
designee. The local public defender shall be responsible for
determining who shall perform the duties of the guardian ad litem as
defined in section 232.2 and shall be responsible for assuring the
court that the duties of the guardian ad litem have been fulfilled.
2. An attorney appointed under this section is not liable to a
person represented by the attorney for damages as a result of a
conviction in a criminal case unless the court determines in a
postconviction proceeding or on direct appeal that the person's
conviction resulted from ineffective assistance of counsel, and the
ineffective assistance of counsel is the proximate cause of the
damage. In juvenile or civil proceedings, an attorney appointed
under this section is not liable to a person represented by the
attorney for damages unless it has been determined that the attorney
has provided ineffective assistance of counsel and the ineffective
assistance of counsel is the proximate cause of the damage.
3. The local public defender shall handle every case to which the
local public defender is appointed if the local public defender can
reasonably handle the case. The local public defender shall be
responsible for assigning cases to individual attorneys within the
local public defender office and for making decisions concerning
cases in which the local public defender has been appointed.
4. a. If a conflict of interest arises or if the local public
defender is unable to handle a case because of a temporary overload
of cases, the local public defender shall return the case to the
court. If the case is returned and the state public defender has
filed a successor designation, the court shall appoint the successor
designee. If there is no successor designee on file, the court shall
make the appointment pursuant to section 815.10. As used in this
subsection, "successor designee" may include another local public
defender office or a nonprofit organization that has contracted with
the state public defender under section 13B.4, subsection 3.
b. If a conflict of interest arises in any case, subsection 1
does not affect the local public defender's obligation to withdraw as
counsel or as guardian ad litem.
13B.9 POWERS AND DUTIES OF LOCAL PUBLIC DEFENDERS --
REFERRALS TO OUTSIDE COUNSEL.
1. The local public defender shall do all of the following:
a. Represent without fee an indigent person who is under
arrest or charged with a crime if the indigent person requests
representation or the court orders representation. The local public
defender shall counsel and defend an indigent defendant at every
stage of the criminal proceedings and prosecute before or after
conviction any appeals or other remedies which the local public
defender considers to be in the interest of justice unless other
counsel is appointed to the case.
b. Represent an indigent party, without fee and upon an order
of the court, in child in need of assistance, family in need of
assistance, delinquency, and termination of parental rights
proceedings pursuant to chapter 232 in a county served by a public
defender. The local public defender shall counsel and represent an
indigent party in all proceedings pursuant to chapter 232 in a county
served by a public defender and prosecute before or after judgment
any appeals or other remedies which the local public defender
considers to be in the interest of justice unless other counsel is
appointed to the case.
c. Serve as guardian ad litem for each child in all cases in
which the local public defender office is the state public defender's
designee. The local public defender shall be responsible for
determining who shall perform the duties of the guardian ad litem as
defined in section 232.2 and shall be responsible for assuring the
court that the duties of the guardian ad litem have been fulfilled.
2. An attorney appointed under this section is not liable to a
person represented by the attorney for damages as a result of a
conviction in a criminal case unless the court determines in a
postconviction proceeding or on direct appeal that the person's
conviction resulted from ineffective assistance of counsel, and the
ineffective assistance of counsel is the proximate cause of the
damage. In juvenile or civil proceedings, an attorney appointed
under this section is not liable to a person represented by the
attorney for damages unless it has been determined that the attorney
has provided ineffective assistance of counsel and the ineffective
assistance of counsel is the proximate cause of the damage.
3. The local public defender shall handle every case to which the
local public defender is appointed if the local public defender can
reasonably handle the case. The local public defender shall be
responsible for assigning cases to individual attorneys within the
local public defender office and for making decisions concerning
cases in which the local public defender has been appointed.
4. a. If a conflict of interest arises or if the local public
defender is unable to handle a case because of a temporary overload
of cases, the local public defender shall return the case to the
court. If the case is returned and the state public defender has
filed a successor designation, the court shall appoint the successor
designee. If there is no successor designee on file, the court shall
make the appointment pursuant to section 815.10. As used in this
subsection, "successor designee" may include another local public
defender office or a nonprofit organization that has contracted with
the state public defender under section 13B.4, subsection 3.
b. If a conflict of interest arises in any case, subsection 1
does not affect the local public defender's obligation to withdraw as
counsel or as guardian ad litem.
