Attorney Bills Iowa –80 Instances of More Than 24 Hours of Work a Day

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published July 19, 2013

By Author - LawCrossing

Ney McDaniel, an attorney who represented defendants in Clay County and held a contract with the Iowa State Public Defender was fired this week, after state auditors found gross discrepancies and overbilling.

According to audit reports, McDaniel billed the state of Iowa, nearly $178,000 between Aug. 31, 2007 and March 31, 2011. At least in 80 instances, the attorney claimed to have worked more than 24 hours a day on multiple cases.

The audit report also mentioned that for another 55 instances, McDaniel's bills show he worked more than 20 hours a day. Also, for multiple cases occurring at the same location and on the same day, McDaniel raised at least 208 duplicate mileage charges, amounting to $6,100.

The investigation against McDaniel was launched after complaints from the Clay County Attorney's office, which has ultimately referred the matter to the Attorney General's office. Clay County Attorney Michael Houchins sought an audit after finding McDaniel was billing much more than other public defenders in the county.

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Eric Tabor, the chief of staff for the Iowa attorney general admitted the matter and said appropriate action would be taken if cause is established. However, currently there is no audit procedure in Iowa to verify the accuracy of charges.

McDaniel had a contract to represent defendants when the county defender was unable to provide required services. In the last fiscal years, Iowa spent at least $30.5 million in more than 61,000 such cases where private attorneys holding contract with the state stepped in because the defendants couldn't afford lawyers, and the county could not provide public defenders.

On Thursday, Public Defender Sam Langholz said in a statement that four other similar attorney contracts have been terminated. He also said that instances of irregular billing are left unchecked unless county officials raise complaints.
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