Rule 6.1005 - Frivolous appeals; withdrawal of counsel(1)Applicability. The procedures in this rule apply when court-appointed counsel moves to withdraw on the grounds that the appeal is frivolous or good cause cannot be established for an appeal from a guilty plea to a crime other than a class "A" felony pursuant to Iowa Code section 814.6(1) (a)(3). These withdrawal procedures cannot be used in termination of parental rights or child in need of assistance appeals under Iowa Code chapter 232, in direct criminal appeals following a trial, or in appeals from the denial of an application for postconviction relief following a reported evidentiary hearing on that application, unless the application was ultimately denied based upon the statute of limitations, law of the case, or res judicata principles.(2)Motion to withdraw from direct appeal of guilty plea to a crime other than a class "A" felony subject to Iowa Code section 814.6(1)(a)(3) for lack of good cause. If, after a diligent investigation of the entire record, the appellant's counsel is convinced the appellant cannot make an argument establishing good cause to appeal from a guilty plea to a crime other than a class "A" felony to satisfy the requirements of Iowa Code section 814.6(1) (a)(3), counsel may file a motion to withdraw. The motion must be accompanied by the following: a. A brief that explains why good cause cannot be established. (1) The brief must, at a minimum, discuss with proper citation to the record: 1. Whether the appellant was adequately advised of the right to file a motion in arrest of judgment and whether the appellant waived that right.2. Whether the sentencing proceedings substantially complied with the rules of criminal procedure.3. Whether the appellant received a sentence that was mandatory or agreed to as part of a plea bargain.4. Whether the State complied with its obligations under any plea agreement.5. Whether the sentence was authorized by the Iowa Code, caselaw, or the rules of criminal procedure. The brief must contain specific citations to the sections of the Iowa Code, the Iowa Court Rules, and caselaw that are applicable to the determination of whether the sentence imposed was within the statutory limits and compare those sections to the sentence imposed.(2) The brief must also address any other issues that might arguably establish good cause.(3) Counsel on direct appeal from a criminal proceeding is not required to review potential claims of ineffective assistance of counsel. See Iowa Code § 814.7.b. A copy of the rule 6.1005(6) notice.c. A certificate showing service of the motion, brief, and notice upon the client.(3)Motion to withdraw from all other cases. In all other applicable circumstances, if, after a diligent investigation of the entire record, court-appointed counsel is convinced the appeal is frivolous and that counsel cannot, in good conscience, proceed with the appeal, counsel may file a motion to withdraw. The motion must be accompanied by: a. A brief referring to anything in the record that might arguably support the appeal. (1) If the appeal is from a guilty plea to a class "A" felony or sentence, the brief must, at a minimum, address with proper citation to the record:1. Whether a factual basis existed for each and every element of the crime, whether the plea and sentencing proceedings substantially complied with the rules of criminal procedure.2. Whether the State complied with its obligations under any plea agreement.3. Whether the sentence was authorized by the Iowa Code, caselaw, or the rules of criminal procedure. The brief must contain specific citations to the sections of the Iowa Code and the Iowa Court Rules that are applicable to the determination of whether the sentence imposed was within the statutory limits and compare those sections to the sentence imposed.(2) The brief must also contain citations to the record establishing each of the elements of the crime and establishing compliance with the rules of criminal procedure and the Iowa Code.(3) Counsel on direct appeal from a criminal proceeding is not required to review potential claims of ineffective assistance of counsel. See Iowa Code § 814.7.b. A copy of the rule 6.1005(6) notice.c. A certificate showing service of the motion, brief, and notice upon the client.(4)Format of motion and brief. A motion and brief filed pursuant to rule 6.1005 must be in the form specified in rule 6.1007, and must contain citations to authorities relied on and references to the pertinent parts of the record.(5)Request to transmit record. At the time of filing the motion to withdraw under rule 6.1005(3), counsel must file a request with the clerk of the district court to transmit the record to the clerk of the supreme court.(6)Written notice to client. Counsel must notify the client in writing of counsel's conclusion that good cause cannot be established under rule 6.1005(2) or that the appeal is frivolous under rule 6.1005(3) and that counsel is filing a motion to withdraw. The notice must be accompanied by a copy of counsel's motion and brief. The notice must advise the client that: a. If the client agrees with counsel's decision and does not desire to proceed with the appeal, the client must within 30 days from service of the motion and brief clearly and expressly communicate such desire, in writing, to the supreme court.b. If the client desires to proceed with the appeal, the client must within 30 days communicate that fact to the supreme court, raising any issues the client wants to pursue.c. If the client fails to file a response to counsel's assertion that the appeal is frivolous under section 6.1005(3) with the supreme court, such failure could result in the waiver of the client's claims in any subsequent postconviction-relief action.(7)Dismissal upon client's agreement. When a client communicates to the court the client's agreement with counsel's decision, the appeal will be promptly dismissed.(8)Supreme court review.a. In considering a rule 6.1005(2) motion to withdraw from an appeal of a guilty plea to a crime other than a class "A" felony subject to Iowa Code section 814.6(1) (a)(3) for lack of good cause, if the supreme court finds the appeal lacks good cause, it will grant counsel's motion to withdraw and dismiss the appeal for lack of appellate jurisdiction. If, however, the supreme court finds good cause exists or arguably exists, it will deny counsel's motion and may remand the matter to the district court for appointment of new counsel.b. In considering a rule 6.1005(3) motion to withdraw from a frivolous appeal in all other cases, the supreme court will, after a full examination of the record, decide whether the appeal is wholly frivolous. If it finds the appeal is frivolous, it may grant counsel's motion to withdraw and dismiss the appeal. If, however, the supreme court finds the legal points to be arguable on their merits and therefore not frivolous, it will deny counsel's motion and may remand the matter to the district court for appointment of new counsel.(9)Extension of times. The filing of a motion to withdraw pursuant to rule 6.1005 will extend the times for further proceedings on appeal until the court rules on the motion. Court Order October 31, 2008, effective 1/1/2009; May 21, 2012; March 5, 2013, effective 5/3/2013; Court Order November 18, 2016, effective 3/1/2017; Court Order September 29, 2023, effective 4/1/2024.