Bill Text: IA HSB531 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill relating to payments from the indigent defense fund by the state public defender, and providing penalties.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-22 - In Judiciary [HSB531 Detail]
Download: Iowa-2013-HSB531-Introduced.html
House
Study
Bill
531
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
STATE
PUBLIC
DEFENDER
BILL)
A
BILL
FOR
An
Act
relating
to
payments
from
the
indigent
defense
fund
by
1
the
state
public
defender,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5287DP
(5)
85
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S.F.
_____
H.F.
_____
Section
1.
Section
13B.4,
subsection
4,
paragraph
d,
Code
1
2014,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
13B.4,
subsection
8,
Code
2014,
is
amended
3
to
read
as
follows:
4
8.
The
state
public
defender
shall
adopt
rules,
as
5
necessary,
pursuant
to
chapter
17A
to
interpret
and
administer
6
this
chapter
,
and
chapter
815
,
and
sections
229A.6,
232.11,
7
232.89,
232.113,
232.126,
232.141,
232.179,
600A.6A,
600A.6B,
8
814.11,
and
908.2A
.
The
state
public
defender
shall
have
the
9
discretion
to
interpret
such
rules.
10
Sec.
3.
NEW
SECTION
.
13B.4A
Judicial
review
of
agency
11
action.
12
1.
Notwithstanding
chapter
17A,
a
claimant
for
payment
of
13
indigent
defense
costs
may
seek
judicial
review
of
the
state
14
public
defender’s
final
agency
action
denying
or
reducing
any
15
claim
by
filing
a
motion
for
judicial
review
in
the
court
with
16
jurisdiction
over
the
original
appointment.
This
section
is
17
the
sole
and
exclusive
method
of
seeking
judicial
review
of
the
18
state
public
defender’s
action
on
any
claim
for
payment.
19
a.
A
claimant
may
only
file
the
motion
after
the
state
20
public
defender
has
taken
final
agency
action,
as
defined
by
21
the
state
public
defender,
on
the
claim,
and
the
claimant
must
22
file
the
motion
within
twenty
days
of
the
date
that
the
state
23
public
defender
provides
notice
of
the
final
agency
action
to
24
the
claimant.
25
b.
Failure
to
seek
judicial
review
within
twenty
days
of
26
the
date
that
the
state
public
defender
provides
notice
to
the
27
claimant
of
final
agency
action
as
defined
by
the
state
public
28
defender
shall
preclude
any
judicial
review
of
the
action
taken
29
by
the
state
public
defender.
30
c.
The
motion
must
clearly
and
concisely
set
forth
the
31
grounds
for
error
and
any
other
grounds
the
claimant
intends
32
to
rely
upon
when
challenging
the
action
of
the
state
public
33
defender.
34
2.
a.
The
court
shall
set
the
motion
for
hearing
and
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provide
the
state
public
defender
with
at
least
ten
days’
1
notice
of
the
hearing.
The
state
public
defender
shall
not
2
be
required
to
file
a
resistance
to
the
motion
for
judicial
3
review.
4
b.
The
claimant
or
state
public
defender
may
participate
5
in
the
hearing
by
telephone.
If
the
state
public
defender
6
participates
by
telephone,
the
state
public
defender
shall
be
7
responsible
for
initiating
the
telephone
call
and
paying
all
8
telephone
charges
incurred
for
the
hearing.
9
3.
The
claimant
shall
have
the
burden
to
show
by
a
10
preponderance
of
the
evidence
any
of
the
following,
otherwise
11
the
action
of
the
state
public
defender
shall
be
affirmed:
12
a.
The
action
of
the
state
public
defender
violates
the
13
Constitution
of
the
United
States
or
the
Constitution
of
the
14
State
of
Iowa,
a
statute,
or
an
administrative
rule
adopted
by
15
the
state
public
defender.
16
b.
The
action
of
the
state
public
defender
is
arbitrary,
17
capricious,
or
an
abuse
of
discretion.
18
4.
In
a
hearing
on
a
motion
for
judicial
review
of
an
action
19
of
the
state
public
defender
the
following
shall
apply:
20
a.
The
state
public
defender’s
interpretation
of
the
rules
21
adopted
by
the
state
public
defender
or
a
statute,
which
the
22
state
public
defender
is
vested
with
discretion
to
interpret
23
pursuant
to
section
13B.4,
subsection
8,
is
binding
on
the
24
court
unless
the
interpretation
is
irrational,
illogical,
or
a
25
wholly
unjustifiable
interpretation
of
the
law.
26
b.
Factual
findings
of
the
state
public
defender
must
be
27
accepted
by
the
court
unless
not
supported
by
substantial
28
evidence.
29
c.
If
the
state
public
defender
provides
an
administrative
30
procedure
for
review
of
an
action
on
a
claim,
the
court
shall
31
not
consider
any
grounds
for
error
or
any
other
grounds
unless
32
raised
with
the
state
public
defender
prior
to
the
final
agency
33
action,
and
the
court
shall
not
admit
new
evidence
that
was
34
not
presented
to
the
state
public
defender
prior
to
the
final
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agency
action.
1
5.
If
the
state
public
defender
is
not
first
notified
and
2
given
an
opportunity
to
be
heard,
any
court
order
entered
after
3
the
state
public
defender
has
taken
action
on
the
claim,
which
4
affects
the
claim,
is
void.
5
6.
The
decision
of
the
court
following
a
hearing
on
a
motion
6
for
judicial
review
is
a
final
judgment
appealable
by
either
7
the
claimant
or
state
public
defender.
8
Sec.
4.
Section
13B.4B,
subsection
2,
paragraphs
c
and
d,
9
Code
2014,
are
amended
to
read
as
follows:
10
c.
The
state
public
defender
may
in
the
state
public
11
defender’s
sole
discretion
release
claims
and
supporting
12
documents
,
including
any
information
that
would
otherwise
13
be
confidential
in
sections
232.147
through
232.150,
to
the
14
auditor
of
state,
the
Iowa
supreme
court
attorney
disciplinary
15
board,
the
grievance
commission
of
the
supreme
court
of
Iowa,
16
or
to
other
state
or
local
agencies
to
the
extent
necessary
17
to
investigate
fraud
or
other
criminal
activity
against
the
18
attorney
or
vendor
submitting
the
claim.
19
d.
The
state
public
defender
may
release
the
claim
and
20
supporting
documents
to
the
court
with
respect
to
a
hearing
21
held
under
section
13B.4,
subsection
4
,
paragraph
“d”
13B.4A
.
22
Sec.
5.
Section
232.151,
Code
2014,
is
amended
to
read
as
23
follows:
24
232.151
Criminal
penalties.
25
Any
person
who
knowingly
discloses,
receives,
or
makes
26
use
or
permits
the
use
of
information
derived
directly
or
27
indirectly
from
the
records
concerning
a
child
referred
to
in
28
sections
232.147
to
through
232.150
,
except
as
provided
by
29
those
sections
or
section
13B.4B,
subsection
2,
paragraph
“c”
,
30
shall
be
guilty
of
a
serious
misdemeanor.
31
Sec.
6.
Section
600A.6B,
Code
2014,
is
amended
to
read
as
32
follows:
33
600A.6B
Payment
of
attorney
fees.
34
1.
A
person
filing
a
petition
for
termination
of
parental
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rights
under
this
chapter
or
the
person
on
whose
behalf
the
1
petition
is
filed
shall
be
responsible
for
the
payment
of
2
reasonable
attorney
fees
for
services
provided
by
counsel
3
appointed
pursuant
to
section
600A.6A
in
juvenile
court
or
in
4
an
appellate
proceeding
initiated
by
the
person
filing
the
5
petition
unless
the
person
filing
the
petition
is
a
private
6
child-placing
agency
as
defined
in
section
238.1
licensed
under
7
chapter
238
or
unless
the
court
determines
that
the
person
8
filing
the
petition
or
the
person
on
whose
behalf
the
petition
9
is
filed
is
indigent.
10
2.
If
the
person
filing
the
petition
is
a
private
11
child-placing
agency
as
defined
in
section
238.1
licensed
12
under
chapter
238
or
if
the
person
filing
the
petition
or
the
13
person
on
whose
behalf
the
petition
is
filed
is
indigent,
the
14
appointed
attorney
shall
be
paid
reasonable
attorney
fees
15
prospective
parent
on
whose
behalf
the
petition
is
filed
16
shall
be
responsible
for
the
payment
of
reasonable
attorney
17
fees
for
services
provided
in
juvenile
court
or
an
appellate
18
proceeding
as
determined
by
the
state
public
defender
for
19
counsel
appointed
pursuant
to
section
600A.6A
unless
the
court
20
determines
that
the
prospective
parent
on
whose
behalf
the
21
petition
is
filed
is
indigent
.
22
3.
If
the
prospective
parent
on
whose
behalf
the
petition
23
is
filed
is
indigent,
and
if
the
person
filing
the
petition
24
is
indigent
or
a
private
child-placing
agency
licensed
under
25
chapter
238,
the
appointed
counsel
shall
be
paid
reasonable
26
attorney
fees
as
determined
by
the
state
public
defender
from
27
the
indigent
defense
fund
established
in
section
815.11.
28
3.
4.
If
the
parent
against
whom
the
petition
is
filed
29
appeals
a
termination
order
under
section
600A.9,
subsection
1
,
30
paragraph
“b”
,
the
person
who
filed
the
petition
or
the
person
31
on
whose
behalf
the
petition
is
filed
shall
not
be
responsible
32
for
the
payment
of
attorney
fees
for
services
provided
by
33
counsel
appointed
pursuant
to
section
600A.6A
in
the
appellate
34
proceeding.
Instead,
the
appointed
attorney
shall
be
paid
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reasonable
attorney
fees
as
determined
by
the
state
public
1
defender
from
the
indigent
defense
fund
established
pursuant
2
to
section
815.11
.
3
4.
5.
The
state
public
defender
shall
review
all
the
4
claims
submitted
under
this
section
subsection
3
or
4
and
shall
5
have
the
same
authority
with
regard
to
the
payment
of
these
6
claims
as
the
state
public
defender
has
with
regard
to
claims
7
submitted
under
chapters
13B
and
815
,
including
the
authority
8
to
adopt
rules
concerning
the
review
and
payment
of
claims
9
submitted.
10
Sec.
7.
NEW
SECTION
.
815.1
Costs
incurred
by
a
privately
11
retained
attorney
representing
an
indigent
person.
12
1.
The
court
shall
not
authorize
the
payment
of
state
13
funds
for
the
costs
incurred
in
the
legal
representation
of
a
14
person
represented
by
a
privately
retained
attorney
unless
the
15
requirements
of
this
section
are
satisfied.
16
2.
An
application
for
the
payment
of
state
funds
for
the
17
costs
incurred
in
the
legal
representation
of
an
indigent
18
person
that
is
submitted
by
the
privately
retained
attorney
19
shall
be
submitted
in
camera
to
the
court
in
the
county
in
20
which
the
case
was
filed
and
include
the
following:
21
a.
A
copy
of
the
attorney’s
fee
agreement
for
the
22
representation.
23
b.
An
itemized
accounting
of
all
compensation
paid
to
the
24
attorney
including
the
amount
of
any
retainer.
25
c.
The
amount
of
compensation
earned
by
the
attorney.
26
d.
Information
on
any
expected
additional
costs
to
be
paid
27
or
owed
by
the
represented
person
to
the
attorney
for
the
28
representation.
29
e.
A
signed
financial
affidavit
completed
by
the
represented
30
person.
31
3.
The
attorney
shall
submit
a
copy
of
the
application
and
32
all
attached
documents
to
the
state
public
defender.
33
4.
The
court
shall
not
grant
the
application
and
authorize
34
all
or
a
portion
of
the
payment
to
be
made
from
state
funds
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unless
the
court
determines,
after
reviewing
the
application
1
and
supporting
documents,
that
all
of
the
following
apply:
2
a.
The
represented
person
is
indigent
and
unable
to
pay
for
3
the
costs
sought
to
be
paid
by
the
attorney.
4
b.
The
costs
are
reasonable
and
necessary
for
the
5
representation
of
the
person
in
a
case
for
which
counsel
could
6
have
been
appointed
under
section
815.10.
7
c.
The
moneys
paid
or
to
be
paid
to
the
attorney
by
or
on
8
behalf
of
the
represented
person
are
insufficient
to
pay
all
or
9
a
portion
of
the
costs
sought
to
be
paid
from
state
funds.
10
(1)
In
determining
whether
the
moneys
paid
or
to
be
paid
to
11
the
attorney
are
insufficient
for
purposes
of
this
paragraph
12
“c”
,
the
court
shall
add
the
hours
previously
worked
to
the
13
hours
expected
to
be
worked
to
finish
the
case
and
multiply
14
that
sum
by
the
hourly
rate
of
compensation
specified
under
15
section
815.7.
16
(2)
If
the
product
calculated
in
subparagraph
(1)
is
17
greater
than
the
moneys
paid
or
to
be
paid
to
the
attorney
by
18
or
on
behalf
of
the
represented
person,
the
moneys
shall
be
19
considered
insufficient
to
pay
all
or
a
portion
of
the
costs
20
sought
to
be
paid
from
state
funds.
21
(3)
If
the
private
attorney
is
retained
on
a
flat
fee
22
agreement,
and
a
precise
record
of
hours
worked
is
not
23
available,
the
privately
retained
attorney
shall
provide
the
24
court
a
reasonable
estimate
of
the
time
expended
to
allow
the
25
court
to
make
the
calculation
pursuant
to
this
paragraph
“c”
.
26
5.
This
section
applies
to
payments
to
witnesses
under
27
section
815.4,
evaluators,
investigators,
and
certified
28
shorthand
reporters,
and
for
other
costs
incurred
in
the
legal
29
representation.
30
6.
This
section
shall
not
be
construed
to
restrict
payment
31
of
costs
on
behalf
of
an
indigent
person
represented
on
a
pro
32
bono
basis.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
payments
from
the
indigent
defense
fund
2
by
the
state
public
defender.
3
The
bill
specifies
the
state
public
defender
may
adopt
rules
4
to
interpret
and
administer
Code
sections
229A.6
(sexually
5
violent
predators),
232.11
(juvenile
delinquency),
232.89
6
(child
in
need
of
assistance),
232.113
(termination
of
parental
7
rights
in
juvenile
court),
232.126
(appointment
of
guardian
8
ad
litem
for
family
in
need
of
assistance),
232.141
(juvenile
9
court
expenses
and
costs),
232.179
(appointment
of
counsel
and
10
guardian
ad
litem
for
voluntary
foster
care
placement),
600A.6A
11
(termination
of
parental
rights),
600A.6B
(payment
of
attorney
12
fees
for
termination
of
parental
rights),
814.11
(indigent’s
13
right
to
counsel),
and
908.2A
(appointment
of
an
attorney
for
14
violations
of
probation
or
parole).
15
The
bill
strikes
the
current
provisions
for
judicial
review
16
of
an
indigent
fee
claim
in
Code
section
13B.4(4)(d)
and
17
replaces
this
provision
with
new
Code
section
13B.4A.
Under
18
the
bill,
an
indigent
defense
claimant
may
seek
judicial
review
19
of
the
final
agency
action
of
the
state
public
defender
denying
20
or
reducing
an
indigent
defense
claim
by
filing
a
motion
21
for
judicial
review
in
the
court
with
jurisdiction
over
the
22
original
court
appointment.
23
The
bill
requires
the
motion
to
be
filed
within
20
days
of
24
the
date
that
the
state
public
defender
provides
notice
of
the
25
final
agency
action
to
the
claimant.
The
bill
also
requires
26
the
motion
to
clearly
and
concisely
set
forth
the
grounds
27
for
error
the
claimant
intends
to
rely
upon
when
challenging
28
the
final
agency
action
of
the
state
public
defender.
Under
29
the
bill,
failure
to
seek
judicial
review
within
20
days
of
30
the
notice
provided
by
the
state
public
defender
precludes
31
any
judicial
review
of
the
action
taken
by
the
state
public
32
defender.
33
The
bill
requires
the
motion
to
be
set
for
a
hearing
and
that
34
the
state
public
defender
be
provided
at
least
10
days’
notice
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of
the
hearing.
The
bill
does
not
require
the
state
public
1
defender
to
file
a
resistance
to
the
motion.
The
claimant
or
2
state
public
defender
may
appear
at
the
hearing
by
telephone,
3
however,
if
the
state
public
defender
appears
by
telephone,
the
4
state
public
defender
shall
be
responsible
for
initiating
and
5
paying
all
telephone
charges
incurred
during
the
hearing.
6
The
bill
specifies
that
if
the
state
public
defender
is
not
7
first
notified
and
given
an
opportunity
to
be
heard
on
a
motion
8
to
review
a
claim
for
payment,
any
court
order
entered
after
9
the
state
public
defender
has
taken
action
on
the
claim,
which
10
affects
the
claim,
is
void.
11
The
bill
requires
the
claimant
to
prove
by
a
preponderance
of
12
the
evidence
that
the
final
agency
action
of
the
state
public
13
defender
violated
the
constitutions
of
the
United
States
or
the
14
State
of
Iowa,
a
statute,
or
an
administrative
rule,
or
that
15
the
final
agency
action
was
arbitrary,
capricious,
or
an
abuse
16
of
discretion.
17
Under
the
bill,
if
the
state
public
defender
provides
an
18
administrative
procedure
for
review
of
an
action
on
a
claim,
19
the
court,
during
judicial
review,
shall
not
consider
any
20
grounds
for
error
unless
raised
with
the
state
public
defender
21
prior
to
the
final
agency
action,
and
the
court
is
prohibited
22
from
admitting
new
evidence
that
was
not
previously
presented
23
to
the
state
public
defender.
24
The
bill
also
allows
the
state
public
defender
to
provide
25
indigent
defense
claims
and
supporting
documents
relating
to
26
confidential
juvenile
records
to
the
auditor
of
state,
the
27
Iowa
supreme
court
attorney
disciplinary
board,
or
grievance
28
commission,
or
to
other
state
or
local
agencies
for
the
purpose
29
of
investigating
fraud
or
criminal
activity.
Current
law
30
allows
the
release
of
indigent
defense
claims
and
supporting
31
documents
for
the
purpose
of
investigating
fraud
or
criminal
32
activity
but
does
not
specifically
allow
for
the
release
of
33
confidential
juvenile
records
for
the
purpose
of
investigating
34
fraud
or
other
criminal
activity.
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The
bill
makes
it
a
serious
misdemeanor
for
a
person
to
1
knowingly
disclose
confidential
juvenile
information
relating
2
to
an
indigent
defense
claim
except
as
provided
in
Code
section
3
13B.4B(2)(c).
Current
law
allows
disclosure
of
confidential
4
juvenile
information
under
Code
sections
232.147
through
5
232.150.
6
The
bill
provides
that
a
child-placing
agency
licensed
under
7
Code
chapter
238
may
file
a
petition
to
terminate
parental
8
rights
under
Code
chapter
600A.
Current
law
specifies
a
9
child-placing
agency
as
defined
in
Code
section
238.1
may
file
10
such
a
petition.
11
The
bill
specifies
that
if
a
person
filing
a
petition
12
to
terminate
parental
rights
under
Code
chapter
600A
is
a
13
child-placing
agency
licensed
under
Code
chapter
238
or
if
the
14
person
filing
the
petition
is
indigent,
the
prospective
parent
15
on
whose
behalf
the
petition
is
filed
shall
be
responsible
for
16
the
payment
of
reasonable
attorney
fees
in
the
case,
unless
the
17
court
determines
the
prospective
parent
on
whose
behalf
the
18
petition
is
filed
is
indigent.
19
If
a
prospective
parent
on
whose
behalf
a
petition
is
filed
20
is
indigent,
and
if
the
person
filing
the
petition
is
indigent
21
or
a
child-placing
agency
licensed
under
Code
chapter
238
22
files
the
petition,
the
bill
requires
the
appointed
attorney
23
in
the
case
to
be
paid
reasonable
attorney
fees
as
determined
24
by
the
state
public
defender
from
the
indigent
defense
fund
25
established
in
Code
section
815.11.
26
The
bill
establishes
a
process
for
payment
of
state
funds
27
to
a
privately
retained
attorney
for
the
costs
incurred
in
the
28
legal
representation
of
a
person
who
is
later
determined
to
be
29
indigent.
30
Under
the
bill,
the
privately
retained
attorney
shall
submit
31
an
application
for
the
payment
of
state
funds
in
camera
with
32
the
court
in
the
county
in
which
the
case
was
filed.
The
bill
33
requires
the
application
to
include
a
copy
of
the
attorney’s
34
fee
agreement,
an
itemized
accounting
of
all
compensation
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paid
to
the
attorney
including
the
amount
of
any
retainer,
1
information
on
any
expected
additional
expense
paid
or
owed
2
to
the
attorney
in
the
case,
and
a
signed
financial
affidavit
3
completed
by
the
represented
person.
4
The
bill
requires
a
copy
of
the
application
to
be
submitted
5
to
the
state
public
defender.
6
The
bill
prohibits
the
payment
of
state
funds
to
a
privately
7
retained
attorney
unless
the
court
determines
that
the
8
represented
person
is
indigent
and
unable
to
pay
for
the
9
expenses
sought
to
be
paid
by
the
attorney,
the
expense
of
the
10
attorney
is
reasonable
and
necessary
for
the
representation
of
11
an
indigent
person
for
which
counsel
could
have
been
appointed,
12
and
the
moneys
paid
or
to
be
paid
by
or
on
behalf
of
the
13
represented
person
to
the
private
attorney
are
insufficient
to
14
pay
all
or
a
portion
of
the
expenses
sought
to
be
paid
from
15
state
funds.
In
determining
whether
the
moneys
paid
or
to
be
16
paid
to
the
attorney
are
insufficient,
the
bill
requires
the
17
court
to
add
the
hours
previously
worked
to
the
hours
expected
18
to
be
worked
to
finish
the
case
and
to
multiply
that
sum
by
the
19
hourly
rate
of
compensation
specified
under
Code
section
815.7.
20
If
this
calculation
is
greater
than
the
moneys
paid
or
to
be
21
paid
by
or
on
behalf
of
the
represented
person
to
the
attorney,
22
the
bill
specifies
the
moneys
shall
be
considered
insufficient
23
to
pay
all
or
a
portion
of
the
expenses
sought
to
be
paid
24
from
state
funds,
and
the
court
may
authorize
the
payment
of
25
state
funds
to
the
extent
the
moneys
paid
or
to
be
paid
to
the
26
attorney
are
insufficient
to
pay
the
expenses
as
calculated
27
by
the
court.
If
the
private
attorney
is
retained
on
a
flat
28
fee
agreement,
and
a
precise
record
of
hours
worked
is
not
29
available,
the
bill
requires
the
privately
retained
attorney
to
30
provide
the
court
a
reasonable
estimate
of
the
time
expended
to
31
allow
the
court
to
determine
whether
state
funds
must
be
paid
32
to
the
privately
retained
attorney.
33
This
process
of
the
payment
of
state
funds
established
in
34
the
bill
also
applies
to
payments
to
witnesses,
evaluators,
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investigators,
and
certified
shorthand
reporters,
and
for
other
1
costs
incurred
in
the
legal
representation.
However,
nothing
2
in
the
bill
is
to
be
construed
to
restrict
payment
of
expenses
3
from
state
funds
on
behalf
on
an
indigent
person
represented
by
4
an
attorney
on
a
pro
bono
basis.
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