Rule 2.8 - Arraignment and plea2.8(1)Conduct of arraignment.a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel. If the defendant desires counsel, and is unable by reason of indigency to employ any, the court must appoint defense counsel.b. The defendant shall be given a copy of the indictment and the minutes of testimony before being called upon to plead.c. Arraignment shall consist of reading the indictment to the defendant or, if the defendant waives reading, stating to the defendant the substance of the charge and calling on the defendant to enter a plea.d. The defendant must inform the court whether the name shown in the indictment is the defendant's true and correct name. If the defendant gives no other name, the defendant is thereafter precluded from objecting to the indictment on the ground of being improperly named.e. Unless otherwise ordered by the court, the defendant or the defendant's attorney may waive formal arraignment and enter a plea of not guilty by executing and filing a written arraignment that substantially complies with rule 2.37 -Form 6: Written Arraignment and Plea of Not Guilty. If a written arraignment is used, the date of arraignment is deemed the date the written arraignment is filed.2.8(2)Pleas to the indictment.a. In general. A defendant may plead guilty, not guilty, or former conviction or acquittal. If the defendant fails or refuses to enter a plea at arraignment, or if the court refuses to accept a guilty plea, the court shall enter a plea of not guilty. A plea of not guilty does not waive any right to challenge the indictment.b. Pleas of guilty. The court may refuse to accept a guilty plea. The court shall not accept a guilty plea without establishing that the plea is made voluntarily and intelligently and has a factual basis; and addressing the defendant personally in open court and informing the defendant of, and establishing that the defendant understands, the following: (1) The nature and elements of the offense to which the plea is offered.(2) The statutory maximum and minimum penalties for the offense to which the plea is offered. For purposes of this rule, penalties include incarceration, fines, surcharges, and any other punitive consequences of the conviction.(3) That a criminal conviction, deferred judgment, or deferred sentence may result in the defendant not being able to vote, hold public office, or possess firearms or ammunition and may have adverse consequences regarding housing, employment, federal or state benefits, student loans, and driving privileges, in addition to other consequences.(4) That a criminal conviction, deferred judgment, or deferred sentence may affect a defendant's status under federal immigration laws. The court shall inform the defendant that if the defendant is not a citizen of the United States, the effects may include deportation, inability to reenter the United States, mandatory detention in immigration custody, ineligibility for release on bond during immigration proceedings, and increased penalties for unauthorized reentry into the United States.(5) That the defendant has the right to a trial by jury; the defendant is presumed innocent and cannot be convicted unless the state establishes guilt beyond a reasonable doubt to the unanimous agreement of a twelve-person jury; and the defendant has the right to assistance of counsel, the right to confront and cross-examine witnesses, the right not to be compelled to incriminate oneself, and the right to present witnesses and to have compulsory process in securing their attendance.(6) That by pleading guilty the defendant waives all trial rights and there will not be a trial of any kind.(7) That if the defendant pleads guilty (and the offense is not a class "A" felony), no appeal may be taken unless there is good cause for the appeal.(8) The court shall also inquire as to whether the defendant's willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or the defendant's attorney. The terms of any plea agreement shall be disclosed of record as provided in rule 2.10(2). Subject to rule 2.10(3), the court shall inform the defendant that the court is not bound by any party's recommendation as to sentence and that the court will determine sentence at the time of judgment. If the defendant persists in the guilty plea and it is accepted by the court, the defendant shall not have the right to withdraw the plea later on the ground that the court did not follow the plea agreement.(9)Conditional Plea. With the consent of the court and the prosecuting attorney, a defendant may enter a conditional plea of guilty, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion. A defendant who prevails on appeal may then withdraw the plea.c. Manner and method of plea colloquy. The court shall question the defendant and may allow the defendant's attorney to question the defendant. The prosecuting attorney may suggest questions to be asked of the defendant.d. Challenging pleas of guilty. The court shall inform the defendant: (1) That any challenges to a guilty plea based on alleged defects in the plea proceedings must be raised in a timely motion in arrest of judgment.(2) Of the time period for filing a motion in arrest of judgment.(3) That failure to raise such challenges in a motion in arrest of judgment shall preclude the right to assert them.e. Immediate sentencing. Upon request of the defendant and agreement of the state, the court may proceed directly to judgment and sentencing if the defendant waives all of the following:(1) The right to file a motion in arrest of judgment.(2) The use of a presentence investigation.(3) The allotted time period before entry of judgment.2.8(3)Record of proceedings. A stenographic record of all plea colloquies shall be made.2.8(4)Pleas of guilty to serious or aggravated misdemeanors or nonforcible class "D" felonies. With the court's approval, the defendant may waive personal colloquy in open court in a guilty plea to a serious or aggravated misdemeanor or a nonforcible class "D" felony. In such event, the defendant must sign a written document substantially complying with rule 2.37 -Form 12: Waiver of Rights & Written Guilty Plea for Serious or Aggravated Misdemeanors or Nonforcible Class "D" Felonies that: a. Demonstrates the defendant has been informed of and understands the matters set forth in rule 2.8(2) (b)(1)-(9).b. Discloses and acknowledges the terms of any plea agreement, which shall also be acknowledged by the state.c. Informs the defendant that any challenges to the guilty plea based on alleged defects in the plea proceedings must be raised in a motion in arrest of judgment and that failure to raise such challenges precludes the right to assert them on appeal.2.8(5)Withdrawal of guilty plea. At any time before judgment and upon a showing of good cause and that it is in the interests of justice, the court may permit a guilty plea to be withdrawn and a not guilty plea substituted.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 19 to 23; Report 1978, effective 7/1/1979; amendment 1979; amendment 1982; amendment 1983; 1984 Iowa Acts, ch 1321, § 1; Report of4/20/1992, effective 7/1/1992;11/9/2001, effective 2/15/2002;12/22/2003, effective 11/1/2004; Court Order October 14, 2022, effective 7/1/2023.Comment: Alford pleas are permitted in the court's discretion, so long as the plea meets the requirements of this rule. See North Carolina v. Alford, 400 U.S. 25, 37-38 (1970) (discussing the basis for the Alford plea procedure); State v. Knight, 701 N.W.2d 83, 89 (Iowa 2005) (noting that "the district court has discretion to accept" Alford pleas from defendants).
Comment: Revised rule 2.8(5) is not intended to modify existing law as to when a defendant who pleads guilty may withdraw that plea. However, there was a concern that former rule 2.8(2)(a) did not reflect current law because it could be read as providing for unfettered trial judge discretion regarding the withdrawal of a guilty plea at any time before judgment.