Iowa R. Crim. P. 2.29

As amended through May 24, 2024
Rule 2.29 - Withdrawal and duty of continuing representation
2.29(1)Withdrawal of counsel.
a. Trial counsel may withdraw at any time after the dismissal of the indictment or acquittal of the defendant.
b. In general, if a judgment of conviction and sentence is entered, an appointed attorney may not withdraw without leave of the court.
(1) If the defendant does not wish to appeal, appointed counsel may withdraw at the expiration of the time for appeal from the judgment of conviction.
(2) If the defendant wishes to appeal, appointed counsel may not withdraw before filing with the district court a notice of appeal, an application for appointment of counsel, and an application for production of transcripts at state expense.
2.29(2)Appointment of counsel on appeal. An indigent defendant, as defined in Iowa Code section 815.9, convicted of an indictable offense or a simple misdemeanor where defendant faces the possibility of incarceration, is entitled to appointment of counsel on appeal or application for discretionary review to the supreme court. An indigent defendant is also entitled to appointment of counsel on application for certiorari to the supreme court if such defendant had a right to appointment of counsel in the proceeding from which certiorari review is sought.
a. Application for appointment of appellate counsel shall be made to the district court, which shall retain authority to act on the application after notice of appeal or application for discretionary review has been filed.
b. If the defendant has proceeded as an indigent in the trial court and a financial statement already has been filed pursuant to Iowa Code section 815.9, the defendant, upon making application for appointment of appellate counsel, shall be presumed to be indigent, and an additional financial statement shall not be required unless evidence is offered that the defendant is not indigent.
c. The defendant and appointed appellate counsel are under a continuing obligation to inform the trial court of any change in circumstances that would make the defendant ineligible to qualify as indigent.
2.29(3) If the trial court finds the defendant is ineligible for appointment of appellate counsel, it shall include in the record a statement of the reasons why counsel was not appointed. The defendant may apply to the supreme court for review of a trial court order denying the defendant appointed counsel. Such application must be filed with the supreme court within 10 days of the filing of the trial court order denying the defendant's request for appointed counsel.
2.29(4) Unless appellate counsel is immediately appointed, trial counsel shall determine whether the defendant wants to appeal and shall take steps to effect the appeal pursuant to rule 2.29(1) (b)(2).
2.29(5) Withdrawals allowed under this rule pertain only to the district court proceedings, and counsel of record in the district court will be deemed to be counsel in the appellate court in accordance with the provisions of Iowa Rule of Appellate Procedure 6.109(4) in the event of an appeal unless other counsel is retained or appointed and notice is given to the parties and the clerk of the supreme court. If trial counsel was not court appointed, trial counsel may withdraw from the appellate proceedings pursuant to Iowa Rule of Appellate Procedure 6.109(5).

Iowa. R. Crim. P. 2.29

Report 1980; 1983 Iowa Acts, ch 186, § 10147; Report October 27, 1999, effective 1/3/2000;11/9/2001, effective 2/15/2002;11/18/2016, effective 3/1/2017; Court Order October 14, 2022, effective 7/1/2023.