If the applicant is unable to pay court costs and stenographic and printing expenses, these
costs and expenses shall be made available to the applicant in the trial court, and on review.
Unless the applicant is confined in a state institution and is seeking relief under section 822.2,
subsection 1, paragraphs “e” and “f”, the costs and expenses of legal representation shall also
\n
Tue Dec 09 21:53:28 2025 Iowa Code 2026, Chapter 822 (26, 0)
3 POSTCONVICTION PROCEDURE, §822.6B\n\nbe made available to the applicant in the preparation of the application, in the trial court,
and on review if the applicant is unable to pay. However, nothing in this section shall be
interpreted to require payment of expenses of legal representation, including stenographic,
printing, or other legal services or consultation, when the applicant is self-represented or is
utilizing the services of an inmate.
[C71, 73, 75, 77, 79, 81, §663A.5; 82 Acts, ch 1108, §1]
91 Acts, ch 219, §18
C93, §822.5
98 Acts, ch 1016, §1, 3; 98 Acts, ch 1132, §1; 2006 Acts, ch 1010, §164
Referred to in §610A.1
\n
Notes of Decisions
Brian K. Allison v. State of iowa, 914 N.W.2d 866 (Iowa 2018).
· cites it 14× “Section 822.5 provides a right to assistance of PCR counsel, which we have held logically implies a right to effective assistance of PCR counsel.”
Cathryn Ann Linn v. State of Iowa, 929 N.W.2d 717 (Iowa 2019).
· cites it 8× “" Iowa Code § 822.5 . We believe that provision necessarily authorizes appointment of an expert at state expense to those unable to pay because an expert may be required for the legal representation provided for under the provision.”
Dible v. State, 557 N.W.2d 881 (Iowa 1996).
· cites it 12× “See Iowa Code § 822.5 (providing for court-appointed counsel in postconviction relief proceedings); Patchette v.”
Deandre D. Goode v. State of Iowa, 920 N.W.2d 520 (Iowa 2018).
· cites it 2× “5, now codified at section 822.5, "gives the trial court discretion to appoint postconviction relief counsel" if an applicant presents a cognizable claim in the postconviction proceeding.”
Daniel Lado v. State of Iowa, 804 N.W.2d 248 (Iowa 2011).
· cites it 2× “5 (1991), now codified as Iowa Code section 822.5, provides a right to counsel in postconviction relief proceedings which necessarily implies “effective assistance”).”
Maghee v. State, 639 N.W.2d 28 (Iowa 2002).
· cites it 6× “In each of the two cases before us, the district court ruled that (1) a 1998 amendment to Iowa Code section 822.5 abrogated any statutory right to counsel at state expense in this type of litigation, and (2) no constitutional right to publicly compensated counsel exists in…”
Wise v. State, 708 N.W.2d 66 (Iowa 2006).
· cites it 2× “Iowa Code section 822.5 (2001) provides that the costs of legal services shall be made available to an indigent applicant.”
State Pub. Def. v. Iowa Dist. Court for Jones, Lee, & Henry Counties, 629 N.W.2d 82 (Iowa 2001).
· cites it 10× “Prior to March 31, 1998, Iowa Code section 822.5 provided: 1. If the applicant is unable to pay court costs and expenses of legal representation, including stenographic, printing, or other legal services or consultation, these costs and expenses shall be made available to the…”
Douglas Beery v. John Ault, 312 F.3d 948 (8th Cir. 2003).
“Although court-appointed counsel is available to a state postconviction relief applicant under Iowa Code § 822.5 (1997), a post-conviction applicant may not select particular counsel, see State v.”
Jesse James Jackson v. John F. Ault, 452 F.3d 734 (8th Cir. 2006).
“The distinction between an application for post conviction counsel and an application for post conviction relief is made clear by the Iowa Code description of how a prisoner is to commence post conviction relief proceedings.”
Boss v. Ludwick, 863 F. Supp. 2d 845 (N.D. Iowa 2012).
· cites it 2× “Armstrong, 418 F.3d at 926. After quoting Iowa Code § 822.”
Connor v. State, 630 N.W.2d 846 (Iowa Ct. App. 2001).
· cites it 2× “Iowa Code section 822.5 provides: ... unless the applicant is confined in a state institution and is seeking relief [under section 822.”
— Iowa Code § 822.5(2) — 1 case
State Pub. Def. v. Iowa Dist. Court for Jones, Lee, & Henry Counties, 629 N.W.2d 82 (Iowa 2001).
“Prior to March 31, 1998, Iowa Code section 822.5 provided: 1. If the applicant is unable to pay court costs and expenses of legal representation, including stenographic, printing, or other legal services or consultation, these costs and expenses shall be made available to the…”
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