Right to counsel
Individuals charged with a sexually violent offense but found incompetent to stand criminal trial, or against whom a petition is filed seeking their civil commitment post- incarceration, are entitled to “all constitutional rights available to defendants at criminal trials” including the right to counsel guaranteed by section 10 of article I of the state constitution. See Iowa Code §§ 229A.6(1) (respondent to petition “shall be entitled to the assistance of counsel . . . at state expense”), 229A.7(1) (person charged with sexually violent offense shall receive “all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent”); Iowa Const. art. I, § 10 (“In all criminal prosecutions, . . . the accused shall . . . have the assistance of counsel.”).
