Winnebago County adopts ordinance capping fees for court‑appointed personnel

The Winnebago County Board of Supervisors voted to adopt Ordinance No. 46, which sets a maximum hourly rate the county will pay for court‑appointed personnel and establishes a notice and objection process for fee claims.

The County Attorney, speaking during the public hearing, said the change responds to instances where court‑appointed attorneys in guardianship cases charged their standard (often higher) hourly rates even when representing indigent individuals. "We've had a little bit of an issue with some court‑appointed attorneys in these guardianship cases charging like their standard hourly rate," the County Attorney said, adding the ordinance ties the county's liability to "the lowest hourly rate established in Iowa Code section 815.7 at the time of appointment." The County Attorney said the county will be notified of fee claims and will have 20 days to file an objection if a claim does not align with the statutory rate.

Under the ordinance, Winnebago County will not be liable for fee claims unless the expense is expressly authorized by statute or the appointment was made at the request of the county. The ordinance also includes typical technical provisions—repealer and severability—and requires publication after adoption before it takes effect.

Supervisor Derby moved to waive second and third readings and to approve the ordinance; Supervisor Smith seconded the motion. The board voted in favor and directed county staff to publish and record the ordinance as required.

The ordinance text references Iowa code chapters and instructs claimants to provide written or electronic notice to the county auditor and county attorney including a detailed summary of services rendered. If the county consents or fails to object within the 20‑day window, the court may decide the claim without a hearing, the County Attorney explained.

The board’s action closes the public hearing and adopts a county policy intended to limit the county’s financial exposure for court‑appointed services while preserving representation for wards and others who are indigent.