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Rule 2.28 – Right to appointed counsel

May 13, 2021 | Criminal Procedure, Iowa

2. 28(1)Representation. Every defendant who is an indigent person as defined in Iowa Code section 815.9 is entitled to have counsel appointed to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before the magistrate or the court through appeal, including probation revocation hearings, unless the defendant waives such appointment.

An alleged parole violator who is an indigent person as defined in Iowa Code section 815.9 shall be advised during his or her initial appearance of the right to request the appointment of counsel for the parole revocation proceedings.

2. 28(2)Compensation. When counsel is appointed to represent an indigent defendant or alleged parole violator, compensation shall be paid as directed in Iowa Code chapter 815.

Iowa. R. Crim. P. 2.28

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 77; 69GA, ch 117, § 1242; 1983 Iowa Acts, ch 186, § 10146; Report November 9, 2001, effective February 15, 2002; January 3, 2003, effective March 17, 2003; January 4, 2005, effective March 15, 2005