Iowa Admin. Code r. 493-11.8

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 493-11.8 - Grounds to deny or terminate a contract

In determining whether the award, renewal, or termination of a contract is in the best interests of the state, the state public defender may take into consideration factors such as, but not limited to, the following:

1. The attorney's eligibility for contracting pursuant to rule 493-11.2 (13B) for the type of case in which the attorney is to provide services or the attorney's failure to comply with such requirements;

2. The attorney's compliance with the terms of an existing or prior contract to represent indigent persons;

3. Any form of dishonesty or deception directed to judicial officials, the state public defender, indigent persons, other clients, or any other person in the practice of law;

4. Unprofessional or unethical conduct, or other act or omission that is or may be detrimental or harmful to indigent representation;

5. An attorney's failure to attend, or untimely attendance at, hearings, depositions, or other case-related proceedings;

6. An attorney's failure to abide by a court order, applicable statutes or administrative rules governing indigent representation, or local or state rules of procedure applicable to the cases in which the attorney has been appointed;

7. Repetitive, willful, deceptive, unexplained or uncorrected errors in claims for fees;

8. Disciplinary action against a legal or other professional license or conviction of a crime in any jurisdiction when the disciplinary action or conviction implicates an attorney's honesty, trustworthiness, or competence to practice law, or is otherwise related to the practice of indigent defense;

9. Use of alcohol or controlled substances during court proceedings or in a manner impairing competent performance;

10. Judicial orders or rulings finding that an attorney engaged in untruthful, incompetent, unprofessional, or unethical behavior in the practice of indigent defense, submission of fee claims, or otherwise in the practice of law; or

11. Any other behavior implicating an attorney's competence, effectiveness, or trustworthiness in the practice of indigent defense.

Iowa Admin. Code r. 493-11.8

Amended by IAB June 25, 2014/Volume XXXVI, Number 26, effective 7/30/2014.