Right to counsel

Key_development Question_mark

Legislation, Sexually Dangerous Persons - Commitment

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. Iowa Code §§ 229A.6, 229A.7(1); Iowa Const. art. I, § 10.

 

In In re Det. of Mead, 790 N.W.2d 104 (Iowa 2010), the court held that individuals charged under the statute had to be informed of their right to appointed counsel, relying upon Walker v. McLain, 768 F.2d 1181, 1185 (10th Cir.1985).

Appointment of Counsel: categorical Qualified: no