IA Supreme Court Proposes Frivolous Appeals Rules Change

The Iowa Supreme Court has proposed amendments to Iowa Rules of Appellate Procedure 6.1005 and 6.1201, and Rule 32:3.1 of the Iowa Rules of Professional Conduct. The proposed language of the amendments, and an Order providing background information is available on the Supreme Court's website.

The proposed amendments would prohibit appellate counsel from seeking to withdraw from an appeal on the grounds that the appeal is frivolous in a direct criminal appeal following a trial or an appeal of denials of an application for postconviction relief after a reported evidentiary hearing with certain exceptions. They would also amend the rules of professional conduct to clarify that pursuing a frivolous appeal is not an ethical violation, and amend the appellate rules to clarify that a voluntary dismissal of a direct criminal appeal does not preclude the raising of an ineffective assistance of counsel claim in an action for postconviction relief.

The Court is seeking public comment on the proposed amendments, which may be sent by e-mail to rules.comments@iowacourts.gov (as a MS Word attachment with "appellate rules" in the subject line) or mailed or delivered to the Clerk of the Supreme Court, 1111 East Court Avenue, Des Moines, Iowa 50319.