Bill Text: IA HSB524 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to documents that may be filed pro se by a defendant represented by counsel or an applicant for postconviction relief represented by counsel.(See HF 2222.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-01-31 - Committee report approving bill, renumbered as HF 2222. [HSB524 Detail]
Download: Iowa-2021-HSB524-Introduced.html
House
Study
Bill
524
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
documents
that
may
be
filed
pro
se
by
1
a
defendant
represented
by
counsel
or
an
applicant
for
2
postconviction
relief
represented
by
counsel.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
814.6A,
subsections
1
and
3,
Code
2022,
1
are
amended
to
read
as
follows:
2
1.
A
Except
as
otherwise
provided
in
subsection
3,
a
3
defendant
who
is
currently
represented
by
counsel
shall
not
4
file
any
pro
se
document,
including
a
brief,
reply
brief,
or
5
motion,
in
any
Iowa
court.
The
court
shall
not
consider,
and
6
opposing
counsel
shall
not
respond
to,
such
pro
se
filings.
7
3.
A
defendant
currently
represented
by
counsel
may
file
a
8
pro
se
motion
seeking
disqualification
of
the
counsel,
which
a
9
court
may
grant
upon
a
showing
of
good
cause
the
following
pro
10
se
documents:
11
a.
A
pro
se
motion
seeking
disqualification
of
the
counsel,
12
which
a
court
may
grant
upon
a
showing
of
good
cause.
13
b.
A
pro
se
notice
of
appeal.
14
c.
A
pro
se
response
to
a
motion
to
withdraw
pursuant
to
15
rule
of
appellate
procedure
6.1005
.
16
Sec.
2.
Section
822.3A,
subsections
1
and
3,
Code
2022,
are
17
amended
to
read
as
follows:
18
1.
An
Except
as
otherwise
provided
in
subsection
3,
an
19
applicant
seeking
relief
under
section
822.2
who
is
currently
20
represented
by
counsel
shall
not
file
any
pro
se
document,
21
including
an
application,
brief,
reply
brief,
or
motion,
in
any
22
Iowa
court.
The
court
shall
not
consider,
and
opposing
counsel
23
shall
not
respond
to,
such
pro
se
filings.
24
3.
A
represented
applicant
for
postconviction
relief
may
25
file
a
pro
se
motion
seeking
disqualification
of
counsel,
which
26
a
court
may
grant
upon
a
showing
of
good
cause
the
following
27
pro
se
documents:
28
a.
A
pro
se
motion
seeking
disqualification
of
counsel,
29
which
a
court
may
grant
upon
a
showing
of
good
cause.
30
b.
A
pro
se
notice
of
appeal
.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
documents
that
may
be
filed
pro
se
35
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H.F.
_____
by
a
defendant
represented
by
counsel
or
an
applicant
for
1
postconviction
relief
represented
by
counsel.
2
The
bill
provides
that
a
defendant
represented
by
counsel
3
may
file,
pro
se,
a
motion
seeking
disqualification
of
the
4
counsel,
a
notice
of
appeal,
and
a
response
to
a
motion
5
to
withdraw
pursuant
to
rule
of
appellate
procedure
6.1005
6
(frivolous
appeals;
withdrawal
of
counsel).
7
The
bill
provides
that
an
applicant
for
postconviction
8
relief
represented
by
counsel
may
file,
pro
se,
a
motion
9
seeking
disqualification
of
the
counsel
and
a
notice
of
appeal.
10
The
bill
makes
conforming
Code
changes.
11
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