STATE PUBLIC DEFENDER , Plaintiff - Appell ant , vs. IOWA DISTRICT COURT FOR MUSCATINE COUNTY , Defendant - Appell ee .
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IN THE COURT OF APPEALS OF IOWA
No. 8-871 / 07-1944
Filed December 17, 2008
STATE PUBLIC DEFENDER,
Plaintiff-Appellant,
vs.
IOWA DISTRICT COURT FOR
MUSCATINE COUNTY,
Defendant-Appellee.
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Certiorari to the Iowa District Court for Muscatine County, Gary P.
Strausser, District Associate Judge.
The State Public Defender claims the district court exceeded its authority
by requiring his office to pay a claim for attorney fees incurred by counsel
appointed pursuant to Iowa Code section 915.37. WRIT SUSTAINED.
Mark C. Smith, First Assistant State Public Defender, for appellant.
Mark Neary of Neary Law Office, Muscatine, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield, J. and Robinson, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).
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POTTERFIELD, J.
I. Background Facts and Proceedings
On June 18, 2007, Mark Neary was appointed pursuant to Iowa Code
section 915.37 (2007) to represent child witnesses to an assault allegedly
committed by their father. Neary submitted a billing statement to the State Public
Defender requesting payment of his guardian ad litem services. The State Public
Defender denied Neary’s claim, notifying him that the indigent defense fund was
not responsible for payment of his claim.
On August 14, 2007, Neary filed a motion for review of the denial of his
fee claim. A hearing was held, and the district court ordered the State Public
Defender to pay Neary’s claim for attorney fees. The court later filed a nunc pro
tunc order ordering the State Public Defender to reimburse Neary for expenses in
addition to attorney fees. The State Public Defender filed a petition for certiorari,
which was granted on March 27, 2008.
The petition states that Iowa Code
section 815.11 specifically excludes payment from the indigent defense fund of
costs incurred under Iowa Code chapter 915.
The State Public Defender
therefore asserts that the district court lacked the authority to mandate payment
of Neary’s claim
II. Standard of Review
We review the district court’s ruling for correction of errors at law. State
Pub. Defender v. Iowa Dist. Ct. for Clarke County, 745 N.W.2d 738, 739 (Iowa
2008). Relief through certiorari is appropriate if the district court has exceeded
its jurisdiction or acted illegally. Id. A district court acts illegally when its findings
lack substantial evidentiary support or when it does not properly apply the law.
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Id. The district court’s factual findings are binding if well supported, but its legal
conclusions are not. Id.
III. Fee Claim
Iowa Code section 815.11 establishes instances in which fees earned by a
court-appointed attorney may be paid by the indigent defense fund.
A 2003
amendment to section 815.11 added language stating “costs incurred in any
administrative proceeding or in any other proceeding under chapter . . . 915 or
other provisions of the Code or administrative rules are not payable from the
fund.” Iowa Code § 815.11 (emphasis added).
Neary argues that his work was not performed pursuant to chapter 915 of
the Iowa Code, but was related to the underlying child endangerment charges.
The order appointing Neary as guardian ad litem states “pursuant to Iowa Code
section 915.37, attorney Mark Neary is appointed to represent the child
witnesses in the above captioned matter.” It is section 915.37 that entitles a
prosecuting witness under the age of fourteen to be represented by a guardian
ad litem in a case involving child endangerment. Neary’s work was performed
pursuant to section 915.37, as stated in the order appointing Neary.
Unfortunately, that section does not provide for payment for the important work
expected to be performed by the attorney.
Neary cites case law in which the Iowa Supreme Court required the State
Public Defender to pay counsel representing child witnesses. See State Pub.
Defender v. Iowa Dist. Court for Wapello County, 644 N.W.2d 354 (Iowa 2002);
State Pub. Defender v. Iowa Dist. Court for Linn County, No. 01-844 (Iowa June
24, 2002).
However, both of these cases were decided before the 2003
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amendment to section 815.11 that explicitly excludes payments earned under
Chapter 915. Section 815.11 clearly and unambiguously excludes payment of
costs incurred under Chapter 915. When the language of a statute is clear, we
are not to look beyond its express meaning. State v. Finders, 743 N.W.2d 546,
548 (Iowa 2008). We find that the district court failed to properly apply section
815.11 and therefore sustain the writ.
WRIT SUSTAINED.
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