Iowa Code

Iowa Code § 815.10 (2026)

Appointment of counsel by court

✓ current as of July 2026

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1. a. The court, for cause and upon its own motion or upon application by an indigent person or a public defender, shall appoint the state public defender’s designee pursuant to section 13B.4 to represent an indigent person at any stage of the criminal, postconviction, contempt, commitment under chapter 229A, termination under chapter 600A, detention under section 811.1A, competency under chapter 812, parole revocation if applicable under section 908.2A, or juvenile proceedings or on appeal of any criminal, postconviction, contempt, commitment under chapter 229A, termination under chapter 600A, detention under section 811.1A, competency under chapter 812, parole revocation under chapter 908, or juvenile action in which the indigent person is entitled to legal assistance at public expense. However, in juvenile cases, the court may directly appoint an existing nonprofit corporation established for and engaged in the provision of legal services for juveniles. An appointment shall not be made unless the person is determined to be indigent under section 815.9. b. An indigent person is entitled to the appointment of one attorney in all cases, except the court may appoint two attorneys in class “A” felony cases and in cases where an assistant state public defender from the wrongful convictions division of the office of the state public defender enters an appearance after a private attorney has been appointed to represent\n\nTue Dec 09 21:53:39 2025 Iowa Code 2026, Chapter 815 (35, 1) 7 COSTS — COMPENSATION AND FEES — INDIGENT DEFENSE, §815.10A\n\nthe indigent person. However, in a class “A” felony case, a person who is represented by a privately retained attorney or by an attorney who has agreed to represent the person is not entitled to have an attorney appointed to represent the person based upon the indigence of the person. c. For purposes of this subsection, a criminal proceeding in which an indigent person is entitled to legal assistance at public expense is a proceeding where the person faces the possibility of imprisonment under the applicable criminal statute or ordinance. This section does not require the appointment of an attorney if the indigent person does not request the appointment of an attorney or waives the right to an appointed attorney. 2. If the state public defender or the state public defender’s designee is unable to represent an indigent person, the court shall appoint an attorney who has a contract with the state public defender to represent the person in the particular type of case and in the county in which the case is pending. 3. If the court determines that no contract attorney is available to represent the person, the court may appoint a noncontract attorney. The order of appointment shall include a specific finding that no contract attorney was available. 4. The appointment of an attorney shall be on a rotational or equalization basis, considering the experience of the attorney, the difficulty of the case, and the geographic proximity of the attorney’s office to the courthouse and client. 5. An attorney who has been retained or has agreed to represent a person and subsequently applies to the court for appointment to represent that person because the person is indigent shall notify the state public defender of the application. Upon the filing of the application, the attorney shall provide the state public defender with a copy of any representation agreement, and information on any moneys earned or paid to the attorney prior to the appointment. 6. An attorney appointed under this section is not liable to a person represented by the attorney for damages as a result of a conviction in a criminal case unless the court determines in a postconviction proceeding or on direct appeal that the person’s conviction resulted from ineffective assistance of counsel, and the ineffective assistance of counsel is the proximate cause of the damage. In juvenile or civil proceedings, an attorney appointed under this section is not liable to a person represented by the attorney for damages unless it has been determined that the attorney has provided ineffective assistance of counsel, and the ineffective assistance of counsel is the proximate cause of the damage. 7. The state public defender may adopt rules setting forth additional uniform standard procedures for the appointment of counsel and uniform forms for appointment. 83 Acts, ch 186, §10138, 10201; 91 Acts, ch 268, §436, 439; 94 Acts, ch 1187, §24; 96 Acts, ch 1040, §5; 99 Acts, ch 135, §28; 2000 Acts, ch 1115, §7; 2002 Acts, ch 1067, §16; 2004 Acts, ch 1017, §4; 2004 Acts, ch 1084, §14; 2005 Acts, ch 19, §120; 2005 Acts, ch 107, §8, 14; 2012 Acts, ch 1063, §10; 2013 Acts, ch 56, §3, 4; 2017 Acts, ch 88, §5; 2022 Acts, ch 1060, §1 Referred to in §13B.4, 13B.9, 22.7(44), 815.1, 815.7, 815.11

Notes of Decisions

Cited in 54 cases (15 in the last 5 years), 1987–2026 · leading case: Robert Allen Barker v. Donald H. Capotosto & Thomas M. Magee, 875 N.W.2d 157 (Iowa 2016).

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Robert Allen Barker v. Donald H. Capotosto & Thomas M. Magee, 875 N.W.2d 157 (Iowa 2016). · cites it 10× “See Iowa Code § 815.10 (6). However, there are two problems with reliance on this Code section.”

Michael Jefferson v. Iowa Dist. Court for Scott Cnty., 926 N.W.2d 519 (Iowa 2019). · cites it 14× “Iowa Code § 815.10 (1)( a ) (2016) (emphasis added).”

Edward Crowell v. State Pub. Def. v. Iowa Dist. Court for Linn Cnty., 845 N.W.2d 676 (Iowa 2014). · cites it 6× “The juvenile court noted Iowa Code section 815.10(l)(a) authorizes the appointment of counsel to represent an indigent person in chapter 600A termination cases “in which the indigent person is entitled to legal assistance at public expense.”

State Pub. Def. v. Iowa Dist. Court for Polk Cnty., 721 N.W.2d 570 (Iowa 2006). · cites it 12× “” Iowa Code § 815.10 (1). This court has interpreted the authority granted to the court in this statute *574 to include the power to appoint a guardian ad litem.”

State of Iowa v. John Arthur Senn Jr., 882 N.W.2d 1 (Iowa 2016). · cites it 4× “See Iowa Code § 815.10 (providing for “[a]ppointment of counsel by court”).”

State v. Dudley, 766 N.W.2d 606 (Iowa 2009). · cites it 3× “” Iowa Code § 815.10 (1). Under the Iowa Constitution, a person is entitled to the assistance of counsel in “all criminal prosecutions.”

State Pub. Def. v. Iowa Dist. Court for Wapello Cnty., 644 N.W.2d 354 (Iowa 2002). · cites it 9× “135, § 28 (codified at Iowa Code § 815.10 (1) (2001)). Their interests as victims deserve protection in either forum and the legislature, in crafting section 915.”

Hofmeyer v. Iowa Dist. Court for Fayette Cnty., 640 N.W.2d 225 (Iowa 2001). · cites it 5× “Iowa Code § 815.10 (2) (1999). Section 815.”

Spencer v. Ault, 941 F. Supp. 832 (N.D. Iowa 1996). · cites it 8× “In 1990, Iowa Code § 815.10 (2) stated as follows: 2.”

State v. Hindman, 441 N.W.2d 770 (Iowa 1989). · cites it 6× “His contentions on appeal are: (1) that he did not knowingly and intelligently waive his right to counsel under the sixth amendment to the federal constitution; and (2) that, in any event, the district court should have appointed counsel to represent him pursuant to Iowa Code…”

State Pub. Def. v. Iowa Dist. Court, 886 N.W.2d 595 (Iowa 2016). · cites it 2× “If there is no successor designee on file, the court shall make the appointment pursuant to section 815.10. As used in this subsection, “successor designee ” may include another local public defender office, or a nonprofit organization or a person admitted *600 to practice law…”

State Pub. Def. v. Iowa Dist. Court for Plymouth Cnty., 747 N.W.2d 218 (Iowa 2008). · cites it 2× “The costs incurred by court-appointed attorneys for indigent persons in juvenile cases are then payable by the State Public Defender from the indigent defense fund.”

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— Iowa Code § 815.10(1) — 14 cases

State Pub. Def. v. Iowa Dist. Court for Polk Cnty., 721 N.W.2d 570 (Iowa 2006). “” Iowa Code § 815.10 (1). This court has interpreted the authority granted to the court in this statute *574 to include the power to appoint a guardian ad litem.”

State v. Dudley, 766 N.W.2d 606 (Iowa 2009). “” Iowa Code § 815.10 (1). Under the Iowa Constitution, a person is entitled to the assistance of counsel in “all criminal prosecutions.”

Michael Jefferson v. Iowa Dist. Court for Scott Cnty., 926 N.W.2d 519 (Iowa 2019). “Iowa Code § 815.10 (1)( a ) (2016) (emphasis added).”

State v. Alspach, 554 N.W.2d 882 (Iowa 1996).

State Pub. Def. v. Iowa Dist. Court for Wapello Cnty., 644 N.W.2d 354 (Iowa 2002). “135, § 28 (codified at Iowa Code § 815.10 (1) (2001)). Their interests as victims deserve protection in either forum and the legislature, in crafting section 915.”

— Iowa Code § 815.10(1)(a) — 3 cases

State v. Jefferson (Iowa Ct. App. 2017).

John Gipson v. State of Iowa (Iowa Ct. App. 2021).

Philip Mears v. State Pub. Def. (Iowa Ct. App. 2014).

— Iowa Code § 815.10(2) — 2 cases

State v. Hindman, 441 N.W.2d 770 (Iowa 1989). “His contentions on appeal are: (1) that he did not knowingly and intelligently waive his right to counsel under the sixth amendment to the federal constitution; and (2) that, in any event, the district court should have appointed counsel to represent him pursuant to Iowa Code…”

State Pub. Def. v. Iowa Dist. Court For Scott Cnty. (Iowa 2026).

— Iowa Code § 815.10(3) — 3 cases

State Pub. Def. v. Iowa Dist. Court for Warren Cnty., 594 N.W.2d 34 (Iowa 1999).

Hofmeyer v. Iowa Dist. Court for Fayette Cnty., 640 N.W.2d 225 (Iowa 2001). “Iowa Code § 815.10 (2) (1999). Section 815.”

State Pub. Def. v. Iowa Dist. Court For Scott Cnty. (Iowa 2026).

— Iowa Code § 815.10(6) — 6 cases

Robert Allen Barker v. Donald H. Capotosto & Thomas M. Magee, 875 N.W.2d 157 (Iowa 2016). “See Iowa Code § 815.10 (6). However, there are two problems with reliance on this Code section.”

Kenneth Petty v. Drew Harry Kouris (Iowa Ct. App. 2023).

Roger Joseph Hoffert, Jr. v. State of Iowa (Iowa Ct. App. 2021).

Ray J. Kraklio v. Kent Simmons (Iowa Ct. App. 2017).

Amended May 4, 2016 Robert Allen Barker v. Donald H. Capotosto & Thomas M. Magee (Iowa 2016).

— Iowa Code § 815.10(l)(a) — 1 case

Edward Crowell v. State Pub. Def. v. Iowa Dist. Court for Linn Cnty., 845 N.W.2d 676 (Iowa 2014). “The juvenile court noted Iowa Code section 815.10(l)(a) authorizes the appointment of counsel to represent an indigent person in chapter 600A termination cases “in which the indigent person is entitled to legal assistance at public expense.”

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