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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
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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
person’s
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
explanation’s
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
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