Iowa Code

Iowa Code § 915.37 (2026)

Guardian ad litem for prosecuting child witnesses

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. a. A prosecuting witness who is a child or who has a mental disability in a case involving a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings arising from such violation. The guardian ad litem shall be a practicing attorney and shall be designated by the court after due consideration is given to the desires and needs of the prosecuting witness and the compatibility of the prosecuting witness and the prosecuting witness’s interests with the prospective guardian ad litem. If a guardian ad litem is currently appointed, or has previously been appointed, for the prosecuting witness in a proceeding under section 598.12, a proceeding under chapter 232, a proceeding in which the juvenile court has waived jurisdiction under section 232.45, or any other proceeding substantially related to a matter arising under this section, the court shall give appointment priority to the same guardian ad litem under this section. When a guardian ad litem is appointed for a prosecuting witness with a mental disability, the court shall give appointment priority to an attorney who has background and training specific to persons with mental disabilities.

\n

Tue Dec 09 21:51:55 2025 Iowa Code 2026, Chapter 915 (75, 1) §915.37, VICTIM RIGHTS 14\n\nThe guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the prosecuting witness and advocate for the protection of the prosecuting witness but shall not be allowed to separately introduce evidence or to directly examine or cross-examine witnesses. However, the guardian ad litem shall file reports to the court as required by the court. b. For purposes of this subsection: (1) “Child” means a person under eighteen years of age. (2) “Mental disability” means one or more intellectual, developmental, or psychiatric disabilities that result in significant impairment to a person’s ability to comprehend, communicate, or learn. 2. References in this section to a guardian ad litem shall be interpreted to include references to a court appointed special advocate as defined in section 232.2. 98 Acts, ch 1090, §30, 84; 2009 Acts, ch 19, §3; 2021 Acts, ch 61, §2; 2023 Acts, ch 19, §1345; 2024 Acts, ch 1175, §4; 2025 Acts, ch 30, §103 Subsection 1, paragraph b amended Subsection 1, paragraph c stricken

\n
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2002–2025 · leading case: State Pub. Def. v. Iowa Dist. Court for Wapello Cnty., 644 N.W.2d 354 (Iowa 2002).
State Pub. Def. v. Iowa Dist. Court for Wapello Cnty., 644 N.W.2d 354 (Iowa 2002). · cites it 26× “Iowa Code § 915.37 . At the conclusion of the criminal trial, Duker sought payment for the services he *356 rendered on behalf of the young victims.”
State of Iowa v. Andrew James Lopez, 872 N.W.2d 159 (Iowa 2015). · cites it 8× “Iowa Code § 915.37 (1) (emphasis added). Under this provision, a child-victim old enough to testify in the criminal case may have the assistance of the same GAL appointed to represent the child’s interests in the CINA proceeding.”
State v. Knudsen, 746 N.W.2d 608 (Iowa Ct. App. 2008). · cites it 6× “In this case, because it was required to provide a guardian ad litem for the child victim under section 915.37, the State asserts it was a victim entitled to restitution by the defendant.”
State of Iowa v. Jake Skahill (Iowa 2021). · cites it 34× “Iowa Code § 915.37 (1). Thus, GALs may attend “depositions, hearings, and trial proceedings” in the service of two goals: “[1] support the child and [2] advocate for the protection of the child.”
State of Iowa v. Rickie Blaine Withers, Sr. (Iowa Ct. App. 2025). · cites it 24× “” See Iowa Code § 915.37 (“The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the prosecuting witness and advocate for the protection of the prosecuting witness but shall not be allowed to separately introduce…”
State of Iowa v. Jake Skahill (Iowa Ct. App. 2020). · cites it 12× “” Iowa Code § 915.37 (1). The guardian ad litem is to “receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child.”
State of Iowa v. Reuben Daniel Schooley (Iowa 2024). · cites it 8× “2d 159, 177 (Iowa 2015) (emphasis omitted) (quoting Iowa Code § 915.37 (1)). The GAL shall “support the child and advocate for the protection of the child,” but she may not “separately introduce evidence or .”
Sophapmysay v. City of Sergeant Bluff, Iowa, 218 F. Supp. 2d 1027 (N.D. Iowa 2002). · cites it 12× “The court finds this argument unpersuasive because the court concludes that defendant Kittridge did not act in violation of Iowa Code § 915.37 . That section provides as follows: A prosecuting witness who is a child, as defined in section 702.”
Amended February 12, 2016 State of Iowa v. Andrew James Lopez (Iowa 2015). · cites it 6× “Iowa Code § 915.37 (1) (emphasis added). Under this provision, a child- victim old enough to testify in the criminal case may have the assistance of the same GAL appointed to represent the child’s interests in the CINA proceeding.”
K.C. v. T.L. (Iowa Ct. App. 2022). · cites it 2× “questions “whether the district court had authority to appoint a guardian ad litem” under Iowa Code section 915.37. But he concedes that “error is not necessarily preserved” because he never objected to the appointment.”
— Iowa Code § 915.37(1) — 4 cases
State of Iowa v. Andrew James Lopez, 872 N.W.2d 159 (Iowa 2015). “Iowa Code § 915.37 (1) (emphasis added). Under this provision, a child-victim old enough to testify in the criminal case may have the assistance of the same GAL appointed to represent the child’s interests in the CINA proceeding.”
State of Iowa v. Jake Skahill (Iowa Ct. App. 2020). “” Iowa Code § 915.37 (1). The guardian ad litem is to “receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child.”
State of Iowa v. Jake Skahill (Iowa 2021). “Iowa Code § 915.37 (1). Thus, GALs may attend “depositions, hearings, and trial proceedings” in the service of two goals: “[1] support the child and [2] advocate for the protection of the child.”
Amended February 12, 2016 State of Iowa v. Andrew James Lopez (Iowa 2015). “Iowa Code § 915.37 (1) (emphasis added). Under this provision, a child- victim old enough to testify in the criminal case may have the assistance of the same GAL appointed to represent the child’s interests in the CINA proceeding.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.