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.
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).
Right to counsel
There is a right to counsel upon request for indigent parents in abuse/neglect cases.
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.
Appointment of Counsel:
categorical
Qualified:
no
Abuse/Neglect/Dependency - Children
Legislation
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).
Right to counsel
A child has a right to counsel and a GAL in abuse/neglect cases, although one person can play both roles.
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.
Appointment of Counsel:
categorical
Qualified:
yes
Adult Protective Proceedings - Protected Person (incomplete)
Legislation
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).
Right to counsel
There is a right to counsel for the subject of an adult protective proceeding.
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.
Appointment of Counsel:
categorical
Qualified:
no
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
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).
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.
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.
Appointment of Counsel:
categorical
Qualified:
no
Civil Commitment
Legislation
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).
Right to counsel
Civil commitment respondents have a right to counsel, and the court may appoint for some petitioners in substance use-related commitments.
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.
Appointment of Counsel:
categorical
Qualified:
no
Custody Disputes - Children
Legislation
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).
Iowa enacts law separating GAL and attorney roles for children in custody cases
04/05/2017
A 2017 law separates the role of guardian ad litem and attorney for children in custody cases.
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.
Appointment of Counsel:
discretionary
Qualified:
no
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.
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
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).
Iowa adds discretionary appointment of counsel for kids in guardianship cases
05/02/2019
If the court finds that a minor's interests are or may be inadequately represented, it shall appoint counsel.
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.
Appointment of Counsel:
discretionary
Qualified:
no
Guardianship/Conservatorship of Children - Parent or Guardian (incomplete)
Legislation
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).
Iowa adds right to counsel for parents in guardianship cases
05/02/2019
Indigent objecting parents have the right to counsel upon request in minor guardianship matters.
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.
Appointment of Counsel:
categorical
Qualified:
no
Guardianship/Conservatorship of Adults - Protected Person
Legislation
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).
Right to counsel
There is a right to counsel for indigent respondents in plenary guardianship and conservatorship establishment proceedings.
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.
Appointment of Counsel:
categorical
Qualified:
no
Housing - Discrimination
Legislation
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).
Discretionary appointment of counsel
A court may appoint counsel for either side in a housing discrimination case.
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.
Appointment of Counsel:
discretionary
Qualified:
no
Issues Related to Incarcerated People
Litigation
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).
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.
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.
Appointment of Counsel:
discretionary
Qualified:
no
Involuntary Medical Treatment (incomplete)
Legislation
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).
Right to counsel
Involuntary treatment respondents have a right to counsel, and the court may appoint for some petitioners in substance use-related cases.
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.
Appointment of Counsel:
categorical
Qualified:
no
Sexually Dangerous Persons - Commitment
Legislation
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).
Right to counsel
There is a right to counsel in sexually violent offender civil commitment proceedings, and must be informed of this right.
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.
Appointment of Counsel:
categorical
Qualified:
no
Termination of Parental Rights (Private) - Children
Legislation
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).
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.
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.
Appointment of Counsel:
categorical
Qualified:
yes
Termination of Parental Rights (State) - Children
Legislation
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).
Right to counsel
Children have a right to an attorney ad litem in termination of parental rights proceedings.
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.
Appointment of Counsel:
categorical
Qualified:
yes
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.
Litigation
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).
Right to counsel
The Iowa Supreme Court held it violated equal protection to deny counsel in privately initiated termination of parental rights proceedings.
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.
Appointment of Counsel:
categorical
Qualified:
no
Court Rule or Initiative
Right to GAL for certain unrepresented defendant parents
A rule may function to provide certain categories of parents with a GAL even in voluntary adoptions, but the GAL may or may not be an attorney.
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.
Appointment of Counsel:
categorical
Qualified:
yes
Termination of Parental Rights (State) - Birth Parents
Legislation
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).
Right to counsel
Indigent parents have a right to counsel upon request in termination of parental rights cases.
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.
Appointment of Counsel:
categorical
Qualified:
no
Truancy - Petition Against Child
Legislation
No such proceeding
Only parents in Iowa can be prosecuted for truancy, not children.
Other Subject Areas
Legislation
Right to counsel for certain adoption petitioners
Indigent adoption petitioners seeking to adopt a child who was the subject of a termination of parental rights matter may be entitled to counsel.
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.
Appointment of Counsel:
categorical
Qualified:
yes
Discretionary appointment of attorney as GAL for dependent adults
The court may appoint an attorney guardian ad litem for a dependent adult whose power of attorney agent is under investigation by the court.
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.
Appointment of Counsel:
discretionary
Qualified:
yes
Discretionary appointment for unrepresented interested person in probate matter
The court may appoint counsel to represent any interested person served with notice who is unrepresented in a probate estate case.
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.
Appointment of Counsel:
discretionary
Qualified:
no
Court Rule or Initiative
Right to GAL for certain unrepresented defendants
A court cannot enter a judgment against unrepresented minors or certain others, such that a GAL may be required but the GAL need not be counsel.
| Subject Area | Status |
|---|---|
| Abuse/Neglect/Dependency - Accused Parents | categorical |
| Abuse/Neglect/Dependency - Children | qualified |
| Adult Protective Proceedings - Protected Person (incomplete) | categorical |
| All Basic Human Needs | |
| Benefits - Claimant | |
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) | categorical |
| Child Support Establishment | |
| Civil Contempt in Family Court | |
| Civil Commitment | categorical |
| Forfeiture (incomplete) | |
| Consumer or Other Debt | |
| Custody Disputes - Parents | |
| Custody Disputes - Children | discretionary |
| Divorce | |
| Domestic Violence - Accused Person | |
| Domestic Violence - Alleged Victim | |
| Education - Special Education | |
| Employment Discrimination | |
| Guardianship/Conservatorship of Children - Child (incomplete) | discretionary |
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) | categorical |
| Guardianship/Conservatorship of Adults - Protected Person | categorical |
| Health Care Access | |
| Housing - Discrimination | discretionary |
| Housing - Evictions | |
| Housing - General | |
| Immigration | |
| Issues Related to Incarcerated People | discretionary |
| Incarceration for Fees/Fines (incomplete) | |
| Involuntary Medical Treatment (incomplete) | categorical |
| Paternity - Defendant/Respondent | |
| Paternity - Petitioner or Child | |
| Quarantine/Isolation | |
| Sexually Dangerous Persons - Commitment | categorical |
| Sexually Dangerous Persons - Registration/Notification | |
| Sterilization | |
| Termination of Parental Rights (Private) - Children | qualified |
| Termination of Parental Rights (State) - Children | qualified |
| Termination of Parental Rights (Private) - Birth Parents | categorical |
| Termination of Parental Rights (State) - Birth Parents | categorical |
| Truancy - Petition Against Child | no such proceeding |