Iowa adds right to counsel for parents in guardianship cases
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
05/02/2019,
Legislation, Guardianship/Conservatorship of Children - Parent or Guardian (incomplete)
In 2019, Iowa enacted the Iowa Minor Guardianship Proceedings Act. For parents, the law provides:
Upon the filing of a petition for appointment of a guardian, the court shall appoint an attorney for the parent identified in the petition if all the following are true:
1. The parent objects to the appointment of a guardian for the minor.
2. The parent requests appointment of an attorney and the court determines that the parent is unable to pay for an attorney in accordance with section 232D.505.
Iowa Code § 232D.304.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
