Fiscal Note
Fiscal Services Division
SF 593 – Public Defenders, Discovery Request Fees (LSB1205SZ)
Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 593 relates to the assessment of fees when a public defender or designee requests
copies of certain documents. The Bill provides that a written request for a discovery document
by a public defender or public defender’s designee shall be provided at no more than $10 per
document request unless otherwise ordered by the court. A request for multiple discovery
documents made at the same time is considered to be a single request. Digital Discovery
documents are to be provided in a format that is generally accessible to the public. However,
no fee will be charged if the discovery document requested is available on a cloud-based
system or if the discovery document is available for downloading by an individual from an
existing system such as a State, county, or city Internet site.
Background
Currently, State agencies and local governments may charge a fee to the State Public Defender
for discovery documents. The fees vary by the local or State agency providing the document
and the document being provided. The fees are paid from the Indigent Defense Fund.
Assumptions
• The Bill will not change existing discovery practices and procedures other than to impose an
upper limit on the amount that can be charged for the production of documents to an
indigent defendant or person during a criminal case or other proceeding in which the
indigent person is entitled to representation at State expense.
• Entities will charge the maximum amount allowed by the Bill, $10 per request.
• The Bill does not require clerks’ offices to provide paper copies of electronic documents that
are already available electronically.
• The average annual number of claims to the Indigent Defense Fund for discovery requests
over the last four years was 2,964 claims. The average annual total paid for these claims
was $114,000. It is assumed that the number of claims to the Indigent Defense Fund for
discovery requests will remain consistent in future fiscal years.
Fiscal Impact
Senate File 593 is estimated to result in a cost savings of $84,000 per year to the Indigent
Defense Fund beginning in FY 2022. Table 1 provides the annual estimated costs to the
Indigent Defense Fund under this Bill and current law.
Table 1 — Indigent Defense Fund — Annual Discovery Request Fee Costs
Annual SF 593
Cases Current Law SF 593 Cost Savings
2,964 $ 114,000 $ 30,000 $ 84,000
Additionally, SF 593 is estimated to have an impact on several local agencies applicable under
the Bill, including but not limited to local law enforcement and county attorneys. Due to the
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varying nature of fees charged by local agencies for discovery materials, the overall local impact
of the $10 fee cap cannot be determined and will vary on a case-by-case basis.
Sources
Office of the State Public Defender
Judicial Branch
LSA analysis
/s/ Holly M. Lyons
April 21, 2021
Doc ID 1219664
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov
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