NCJ Number
88399
Date Published
Unknown
Length
102 pages
Annotation
The Office of the Appellate Defender (OAD) in Iowa has an excellent record of timeliness in the filing of appellate court briefs for indigent defendants, but should either increase its staffing or refuse more apppointments than it currently does.
Abstract
Before the creation of OAD, indigent appeals in Iowa were handled either by the public defender's office, if originally handled in that office at the trial level, or by the appointment of private counsel, pursuant to Supreme Court rule. OAD began operations in 1980, following legislative activity which began in early 1979. The evaluation of the project used information from official records, observations and interviews at the OAD office, and interviews with other Iowa officials. OAD should establish written eligibility procedures, including standards and forms for the determination of eligibility. The current statute should be amended to permit OAD to represent defendants in State court postconviction trial proceedings and to protect the Office from political influence or interference. The Office is producing outstanding briefs and has adequate library resources. Although the current informal method is adequate for handling case assignments, the assigning attorney should consider developing and using periodic assignment sheets. OAD should also make at least one formal contact with trial counsel by letter and should consult with trial counsel in cases concerning ineffectiveness of counsel or in which an Anders brief is filed. Extensive appendixes present financial information, background materials, and forms.