STATE PUBLIC DEFENDER vs. IOWA DISTRICT COURT FOR CLARKE COUNTY
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IN THE SUPREME COURT OF IOWA
No. 144 / 06–0443
Filed March 7, 2008
STATE PUBLIC DEFENDER,
Plaintiff,
vs.
IOWA DISTRICT COURT FOR CLARKE COUNTY,
Defendant.
Certiorari to the Iowa District Court for Clarke County, Gary G.
Kimes, Judge.
Certiorari action challenges order by district court granting fees to
court-appointed attorney in excess of amount allowed by contract. WRIT
SUSTAINED.
Thomas G. Becker, State Public Defender, and Mark C. Smith,
First Assistant State Public Defender, for plaintiff.
Scott L. Bandstra, Des Moines, for defendant.
2
LARSON, Justice.
The Clarke County District Court allowed attorney fees that
exceeded an existing legal services contract between attorney Scott
Bandstra and the state public defender. The public defender petitioned
for certiorari, and we issued the writ.
We conclude the district court
exceeded its authority in granting fees beyond the amount provided for in
the contract and therefore sustain the writ.
I. Facts and Prior Proceedings.
Attorney
Bandstra’s
attorney-fee
claim
was
based
on
his
representation of Martin Moon in Moon’s appeal from an order in a
postconviction-relief case.
Bandstra had a contract with the public
defender under which his fee was limited to $1500–$1000 payable on the
filing of the proof brief and $500 on the filing of his final brief. Because
of the complexity of the case, Bandstra moved to exceed the contract
amount.
The court granted Bandstra’s motion, subject to review for
reasonableness.
The public defender, however, denied that portion of
Bandstra’s fee claim in excess of the contractual fee limitation.
On
review, the court acknowledged the existence of the contract terms, but
ordered the public defender to pay Bandstra’s entire fee claim, based on
the court’s “plenary powers to exercise justice among the parties.” The
public defender’s petition for certiorari asserted that Bandstra’s rights
under his contract were exclusive, and the court lacked authority to
award the relief requested.
II. Principles of Review.
In a certiorari case, the district court’s ruling is reviewed for
correction of errors at law.
State Pub. Defender v. Iowa Dist. Ct., 731
N.W.2d 680, 683 (Iowa 2007).
Certiorari lies when a lower board,
tribunal, or court has exceeded its jurisdiction or otherwise acted
3
illegally.
Illegality exists when a court’s findings lack substantial
evidentiary support or when the court has not properly applied the law.
State Pub. Defender v. Iowa Dist. Ct., 721 N.W.2d 570, 572 (Iowa 2006).
On our review, “[a]lthough the district court’s well-supported factual
findings are binding upon this court, its legal conclusions are not.” State
Pub. Defender v. Iowa Dist. Ct., 663 N.W.2d 413, 415 (Iowa 2003).
Compensation for court-appointed attorneys is governed by Iowa
Code chapters 13B and 815 and Iowa Administrative Code chapter 493.
Section 13B.4(3) allows the public defender to contract with attorneys for
the provision of legal services to indigent persons. See also Iowa Admin.
Code r. 493⎯11. The public defender is authorized to review all claims
for payment of indigent-defense costs and may deny such a claim if,
among other things, the claim “is not payable under the contract
between the claimant and the state public defender.”
Iowa Code
§ 13B.4(4)(c)(2)(c).
Compensation for attorneys under contract with the public
defender is governed by the rules adopted by the public defender. Iowa
Admin. Code r. 493⎯11.5(6) (“Unless the contract provides for a different
rate or manner of payment, the attorney shall be compensated as set
forth in . . . rule 493⎯12.5(13B, 815) for appellate work.”). The public
defender established fee limitations for particular categories of cases
pursuant to section 13B.4(4)(a). The fee limitation for appellate contracts
was, at the time of the present case, $1500.1
Iowa Admin. Code r.
493⎯12.5.
1Rule
$1750.
493⎯12.5 has since been amended to limit fee claims in appellate cases to
4
A fee claimant may seek additional compensation in two ways.
Administrative rule 493—12.6 provides for exceeding fee limitations by
an application to the district court under rule 493—12.6(4).
A claim in excess of the fee limitations will not be paid
unless the attorney seeks and obtains authorization from the
appointing court to exceed the fee limitations prior to
exceeding the fee limitations. If authorization is granted,
payment in excess of the fee limitations shall be made only
for services performed after the date of submission of the
request for authorization.
The substance of this rule is the authority on which Bandstra apparently
relied in this case, although he does not cite the rule by number.
Bandstra seems to argue that the public defender is bound by the
district court’s order granting Bandstra’s motion to exceed. The problem
is that the procedure under rule 493—12.6(4) is expressly made
inapplicable to this case by rule 493—12.5(5), which provides: “The fee
limitations and procedures provided in rule 493—12.6 . . . have no
application to appellate contracts.”
This method of increasing the fee
allowance, therefore, was not available to Bandstra.
A lawyer operating under a contract with the public defender may,
however, request that the public defender allow a claim exceeding the
contract in a case that is “unusually complicated.” Iowa Admin. Code r.
493—12.5(4). Whether a case is unusually complicated is determined by
the public defender based on the information provided by the attorney
“showing that the case is highly exceptional and complex from a legal or
factual perspective.”
Id.
An attorney unsuccessfully attempting to
exceed the fees in this manner “may seek review of the state public
defender’s action.” Id. Court review in such a case, however, is closely
circumscribed.
The public defender’s action may successfully be
challenged only if it “conflicts with an administrative rule or the law.”
5
Iowa Code § 13B.4(4)(d)(5).
In this case, Bandstra did not follow the
statutory procedure by initially seeking approval to exceed the contract
limitations from the state public defender.
The contract amount is binding in this case because Bandstra
failed to exhaust his administrative remedies by asking the public
defender to increase the fees provided by his contract, as provided by
rule 493—12.5(4). Further, the procedure under rule 493—12.6 allowing
a direct application to the district court to exceed fee limits is
inapplicable to Bandstra’s case because he was operating under an
appellate fee contract.
The district court’s action in approving the fee
exceeding the contract limitation was therefore invalid.
WRIT SUSTAINED.
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