Senate File 2185 - Introduced SENATE FILE 2185 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3015) A BILL FOR An Act relating to documents that may be filed pro se by 1 a defendant represented by counsel or an applicant for 2 postconviction relief represented by counsel. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5269SV (1) 89 as/rh
S.F. 2185 Section 1. Section 814.6A, subsections 1 and 3, Code 2022, 1 are amended to read as follows: 2 1. A Except as otherwise provided in subsection 3, a 3 defendant who is currently represented by counsel shall not 4 file any pro se document, including a brief, reply brief, or 5 motion, in any Iowa court. The court shall not consider, and 6 opposing counsel shall not respond to, such pro se filings. 7 3. A defendant currently represented by counsel may file a 8 pro se motion seeking disqualification of the counsel, which a 9 court may grant upon a showing of good cause the following pro 10 se documents: 11 a. A pro se motion seeking disqualification of the counsel, 12 which a court may grant upon a showing of good cause. 13 b. A pro se notice of appeal. 14 c. A pro se response to a motion to withdraw pursuant to 15 rule of appellate procedure 6.1005 . 16 Sec. 2. Section 822.3A, subsections 1 and 3, Code 2022, are 17 amended to read as follows: 18 1. An Except as otherwise provided in subsection 3, an 19 applicant seeking relief under section 822.2 who is currently 20 represented by counsel shall not file any pro se document, 21 including an application, brief, reply brief, or motion, in any 22 Iowa court. The court shall not consider, and opposing counsel 23 shall not respond to, such pro se filings. 24 3. A represented applicant for postconviction relief may 25 file a pro se motion seeking disqualification of counsel, which 26 a court may grant upon a showing of good cause the following 27 pro se documents: 28 a. A pro se motion seeking disqualification of counsel, 29 which a court may grant upon a showing of good cause. 30 b. A pro se notice of appeal . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to documents that may be filed pro se 35 -1- LSB 5269SV (1) 89 as/rh 1/ 2
S.F. 2185 by a defendant represented by counsel or an applicant for 1 postconviction relief represented by counsel. 2 The bill provides that a defendant represented by counsel 3 may file, pro se, a motion seeking disqualification of the 4 counsel, a notice of appeal, and a response to a motion 5 to withdraw pursuant to rule of appellate procedure 6.1005 6 (frivolous appeals; withdrawal of counsel). 7 The bill provides that an applicant for postconviction 8 relief represented by counsel may file, pro se, a motion 9 seeking disqualification of the counsel and a notice of appeal. 10 The bill makes conforming Code changes. 11 -2- LSB 5269SV (1) 89 as/rh 2/ 2