Waiver of counsel, 2014
Counsel must not be waived by a juvenile less than sixteen years of age without the written consent of the juvenile's parent, guardian, or custodian. Waiver's for juveniles at least sixteen years of age is valid only if a good faith effort has been made to notify the parent, guardian, or custodian.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Iowa, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Office of the State Public Defender
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Iowa indigency law is governed by both juvenile and adult statute, which provide for a determination of indigency. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
In Iowa, a supreme court case affirmed the practice of applying (adult) competency statute to delinquency proceedings. Criminal Procedure (statute) comports with the Dusky standard.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity