Hulse v. Wifvat

306 N.W.2d 707, 1981 Iowa Sup. LEXIS 960
CourtSupreme Court of Iowa
DecidedJune 17, 1981
Docket64681
StatusPublished
Cited by50 cases

This text of 306 N.W.2d 707 (Hulse v. Wifvat) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hulse v. Wifvat, 306 N.W.2d 707, 1981 Iowa Sup. LEXIS 960 (iowa 1981).

Opinions

McCORMICK, Justice.

In this certiorari case we must interpret section 815.7, The Code, which fixes the standard for compensation of attorneys who are appointed by the court to represent indigent defendants in criminal cases. Plaintiff Gregory A. Hulse, an Adel attorney, brought this action against defendant district Judge Van Wifvat (the district court) to challenge the adequacy of the attorney fee allowed plaintiff for defending Ralph Kuecker, an indigent charged with murder. The questions presented are whether the district court erred in interpreting the statutory requirement of reasonable compensation and in refusing to allow fees for services rendered in the case by plaintiff’s law partner, associate and law clerk. Because we find the court erred in part in interpreting the statutory standard for compensation, we sustain the writ, delineate what we believe to be the correct standard, and remand for further proceedings.

In relevant part, section 815.7 provides:

An attorney appointed by the court to represent any person charged with a crime in this state shall be entitled to a reasonable compensation which shall be the ordinary and customary charges for like services in the community to be decided in each case by a judge of the district court, including such sum or sums as the court may determine are necessary for investigation in the interests of justice .... Only one attorney fee shall be so awarded in any one case except that in class “A” felony cases, two may be authorized.

We have not previously interpreted section 815.7.

Before January 1, 1978, the governing statute was section 775.5, The Code 1977. We interpreted that provision in several cases. See Soldat v. District Court, 283 N.W.2d 497 (Iowa 1979); Parrish v. Denato, 262 N.W.2d 281 (Iowa 1978); Furey v. Crawford County, 208 N.W.2d 15 (Iowa 1973); Woodbury County v. Anderson, 164 N.W.2d 129 (Iowa 1969). In Soldat, we recognized that section 815.7 is a substantive departure from section 775.5. See 283 N.W.2d at 498. However, we did not decide what the difference is. We must now do so.

[709]*709I. The compensation standard. Plaintiff was appointed to represent Kuecker on April 9, 1979. The murder case was tried from June 22, 1979, until July 13, 1979. A mistrial resulted because of the jury’s inability to agree on a verdict. Although a retrial was scheduled, Kuecker entered a plea of guilty to involuntary manslaughter in September 1979 pursuant to a plea bargain with the State.

In his application for fees, plaintiff itemized 494.9 hours of his own time on the case and also requested compensation for 58.6 hours expended by his partner, 221 hours expended by an associate and 14 hours expended by a law clerk. He also sought reimbursement of $2,179.43 in expenses.

Plaintiff and several other attorneys testified in two hearings on the fee application. Testimony was given about plaintiff’s experience and ability, the nature and complexity of the case, trial preparation and strategy, prevailing charges for similar defense work for nonindigents, and other matters which plaintiff and the county considered relevant on the compensation issue. In ruling upon plaintiff’s application, the district court interpreted “ordinary and customary charges for like services in the community,” in section 815.7, to mean “what is charged for the defense of indigent defendants” in the community. In accordance with that standard, the court allowed plaintiff $6250 based on $25 an hour for 250 hours of trial preparation time, $2500 based on $200 a day for twelve and one-half days of trial work, and $2179.43 for expense reimbursement, for a total of $10,929.43. In its final total, the court used $6500 instead of $6250 as the portion of the fee for trial preparation. Because a partial payment of $2000 had previously been made, the court entered an order allowing $9,179.43 as compensation. The court refused to allow any compensation for the services of plaintiff’s partner, associate, and law clerk.

Plaintiff initially contends the court misinterpreted section 815.7. He asserts that the statute entitled him to compensation at the prevailing community rate for nonindi-gent criminal defense services.

This is an issue of law, not of discretion. Applying the correct legal standard, a court has broad discretion in determining attorney fees. See Soldat, 283 N.W.2d at 499. However, ascertaining the correct legal standard is a matter of law. See State v. Lindsey, 302 N.W.2d 98, 101-02 (Iowa 1981).

Two elements inhere in any standard providing for reasonable attorney fees. Both the necessity and valuation of the services must be determined. The services must have been reasonably necessary and the valuation must be reasonable in amount. See In re Estate of Myers, 269 N.W.2d 127, 129 (Iowa 1978) (“the burden is on the applicant for fees to prove the services were reasonably necessary and the charges are reasonable in amount”).

A. Reasonable necessity. In Conway v. Sauk County, 19 Wis.2d 599, 604, 120 N.W.2d 671, 674-75 (1963), the court described the court’s task in determining what services are reasonably necessary:

Determination of the character and extent of the services reasonably necessary requires the careful exercise of judgment. When the court fixes the attorney’s fee after trial, it has certain advantages of hindsight which counsel did not have when he prepared for the defense. All practicing attorneys have shared the experience, however, when the time for billing a client has arrived, of foregoing charges for time hopefully spent in research and investigation on “thin leads” which turned out to be fruitless. This is one of the hazards of the profession. The court should carefully consider the judgment which the attorney exercised in deciding what investigation and preparation would be useful, but the ultimate responsibility rests on the court and it is not bound by the attorney’s decision. The court has the power and duty to take into consideration its own observations of the trial and the facts developed by the evidence.

In a later Wisconsin case the court noted:

Every attorney knows there is no limit to how much preparation one can give a [710]*710lawsuit, but defense counsel must be practical and use good judgment. In such matters he proceeds at his peril.

State v. Kenney, 24 Wis.2d 172, 179-80, 128 N.W.2d 450, 454 (1964).

The district court must exercise independent judgment in determining the extent of reasonably necessary services. See In re Condemnation of Lands, 261 Iowa 146, 153, 153 N.W.2d 706

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Bluebook (online)
306 N.W.2d 707, 1981 Iowa Sup. LEXIS 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hulse-v-wifvat-iowa-1981.