Iowa

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
No Authorization, But Relevant Materials While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Iowa pilot will allow early appointment of counsel for parents

06/15/2020

A bill passed in 2020 will allow the public defender to appoint counsel for parents prior to formal dependency proceedings.

Read more about this

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

A child has a right to counsel and a GAL in abuse/neglect cases, although one person can play both roles.

Appointment of Counsel: categorical Qualified: yes

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Adult Protective Proceedings - Protected Person (incomplete)

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of an adult protective proceeding.

Appointment of Counsel: categorical Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Minors seeking a waiver of the parental notification requirement for an abortion have a right to counsel upon request, including for the appeal.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

The Iowa Supreme Court found a federal due process right to counsel in civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for various types of civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

Iowa enacts law separating GAL and attorney roles for children in custody cases

04/05/2017

A new law separates the role of guardian ad litem and attorney for children in custody cases.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Alleged Victim

Pilot

NIJ study released on effect of counsel for DV victims

09/26/2016

A study on the impact of providing counsel for DV victims was conducted by the University of Iowa and Iowa Legal Aid.

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Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in guardianship proceedings.

Appointment of Counsel: categorical Qualified: no

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Housing - Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for either side in a housing discrimination case.

Appointment of Counsel: discretionary Qualified: no

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Issues Related to Incarcerated People

Litigation

Key_development Question_mark

Discretionary appointment of counsel - Incarcerated individuals

The Iowa Supreme Court has said the trial court has the inherent power to appoint counsel for incarcerated persons.

Appointment of Counsel: discretionary Qualified: no

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

The Iowa Supreme Court found a federal due process right to counsel in civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Involuntary Medical Treatment (incomplete)

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for those subjected to involuntary treatment for substance abuse.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in sexually violent offender civil commitment proceedings, and must be informed of this right.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

Children in adoptions must be appointed a GAL if the child has no guardian or conflicts with the guardian, and the GAL must be an attorney.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to an attorney ad litem in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Right to counsel

01/01/2014

There is a right to counsel for parents in private adoption proceedings.

Read more about this

Litigation

Key_development Question_mark

Right to counsel

The Iowa Supreme Court held it violated equal protection to deny counsel in privately initiated termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel upon request in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

No such proceeding

Only parents in Iowa can be prosecuted for truancy, not children.

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Other Subject Areas

Legislation

Iowa adds right to counsel for parents, children in guardianship cases

05/02/2019

the Iowa Minor Guardianship Proceedings Act, enacted in 2019, guarantees counsel for parents and children in child guardianship cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

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