iowa court case what does resistance mean by county attorney

Can the Iowa Supreme Court deny review of a case?

County School Board of New Kent County, the mission of the post-Brown cases was to eliminate race discrimination “root and branch.” 10 So it was with the right-to-counsel cases, the most famous of which is Gideon, the Court sought to address its “concern over a criminal justice system where white judges and prosecutors processed poor ...

Can an unrepresented individual represent me in the Iowa Court of Appeals?

Yes. Oral arguments are open to the public. The Iowa Court of Appeals generally holds hearings in its courtroom on the third floor of the Iowa Judicial Building in Des Moines. Occasionally, the Iowa Court of Appeals will hear oral arguments at the state capitol, county courthouses, colleges, or other venues across the state.

What do court case numbers mean in Iowa?

The Attorney Disciplinary Board is the agency of the Supreme Court of Iowa that receives, initiates, and investigates complaints of ethical misconduct filed against attorneys who are authorized to practice in Iowa. Click here for the Board's current informational brochure. The Board’s primary objective is to ensure that attorneys within its ...

How does the Iowa Supreme Court handle attorney discipline?

There are three classes of misdemeanors—simple, serious, and aggravated. In Iowa, a simple misdemeanor is punishable by a fine between $105 and $855 and imprisonment not to exceed 30 days. The penalty for a serious misdemeanor is a fine in an amount between $430 and $2,560 and imprisonment up to one year.

What is the Iowa Court of Appeals?

The Iowa Court of Appeals is an intermediate appellate court. It reviews appeals from trial court decisions that have been transferred to the court of appeals by the supreme court. A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review.

How do I start an appeal?

Generally, a person wanting to contest a judgment or order must file a notice of appeal with the clerk of court in the county where the judgment or order was entered. There is a limited time to appeal, and there are different periods of time to appeal depending on the type of case.

Can I represent myself on appeal?

In most civil cases, individuals may represent themselves in Iowa’s appellate courts. But representation by a lawyer is often preferable because of the complex nature of the law and the appeal process.

Can the Iowa Court of Appeals give me legal advice or appoint a lawyer to represent me?

No. The Iowa Court of Appeals does not appoint lawyers, and Iowa law and ethical rules do not allow judges and employees to give legal advice.

Does the Iowa Court of Appeals receive new evidence?

The Iowa Court of Appeals only considers matters that were properly before the district court at the time the district court entered the order that is on appeal.

What is the record on appeal?

According to Iowa Rule of Appellate Procedure 6.801, the record on appeal consists of the original papers and exhibits filed in the district court and a transcript of the proceedings.

Will there be a hearing?

Your case will be reviewed to determine if an oral argument hearing will be granted. This decision is not based upon the merits of your appeal but does take into consideration several factors such as the difficulty or complexity of the facts or law.

What is the Iowa Supreme Court's role in addressing complaints?

As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system , the Iowa Supreme Court has created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct.

What is a conflict of interest in a lawyer?

Conflicts of Interest. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyer’s own personal interest. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer.

What happens if a lawyer violates an ethical rule?

If a lawyer violates an ethical rule, the lawyer may be disciplined. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Others are not. Here are a few examples of types of complaints handled by the Board:

Can a lawyer represent more than one client?

A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyer’s own personal interest. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint.

Can a lawyer make false statements?

Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Lawyers should represent their clients’ interests aggressively, which may involve relying on the clients’ version of the facts. In lawsuits, disputes about the facts are resolved by the courts.

What to do if your lawyer lied to you?

Lawyers should represent their clients’ interests aggressively, which may involve relying on the clients’ version of the facts. In lawsuits, disputes about the facts are resolved by the courts.

What is fee arbitration?

Fee arbitration is an alternative method of resolving a fee dispute. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted.

A

This is how a defendant or respondent tells the clerk of court in writing that a complaint or petition has been received. See “Service.”

C

A complete collection of every document filed with the court in a case.

D

A sum of money that a person receives for compensation for a loss, detriment, or injury caused by a wrongful or negligent act of another. Actual damages means an amount to compensate for an actual loss. Liquidated damages means an amount contractually stipulated as a reasonable estimation for damages fixed for breach of the contract.

E

Electronic Document Management System. This is the Iowa Judicial Branch electronic filing and case management system.

F

A serious crime usually punishable by at least one year in prison. For example, felonies include murder, kidnapping, manslaughter, burglary, robbery, and other serious crimes. Iowa law provides for four classes of felonies, ranging from class “D,” the least serious, to class “A,” the most serious.

G

A court order that allows a creditor who is owed money to take the property of the debtor (the person who owes the money) that is held by a third party—typically this means the wages of a debtor that an employer holds.

H

Latin for "you have the body." A petition to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal.

How do Iowa cases start?

Iowa cases start with a series of letters that describe the case type, followed by numbers. The numbers are assigned based upon the county in which the case is filed and the order in which the case is filed.

Can a felony be reduced to a misdemeanor?

For example, a case may be charged as a felony initially, only to be reduced to a misdemeanor at a later time. The case will generally still keep the felony case number, even though only a misdemeanor is still pending. As such, it is important for a person to discuss their case with their attorney.

How many jurors are there in a criminal case?

In a criminal case, the jury is comprised of twelve jurors and each party may exercise strikes, which means objecting to a certain person serving on the jury. The number of strikes is determined by the level of the offense charged, ranging from four to ten. Additionally, the court may determine that alternate jurors are necessary.

What happens after a guilty verdict?

After the return of a guilty verdict, the jury’s duty is complete. The jury is not involved in determining the defendant’s punishment; sentencing is left solely to the judge. The court will schedule a sentencing hearing, and both sides will have the opportunity to make sentencing recommendations.

What is the decision to forfeit property in Iowa?

The decision to initiate forfeiture of property pursuant to Iowa Code Chapter 809A is within the discretion of the prosecutor. The prosecutor determines whether forfeiture actions should be pursued, what property should be forfeited, and which interests of joint property owners should be excepted from the forfeiture action. The decision to forfeit property is made only after consideration of all the facts and circumstances available in light of the objectives to be achieved by forfeiture.

What is the role of the County Attorney?

The primary responsibility of the prosecutor is to seek and obtain justice.

Is the prosecutor obligated to file all charges?

The prosecutor is not obligated to file all possible charges which available evidence might support. The prosecutor may properly exercise his or her discretion to present only those charges which the prosecutor considers to be consistent with the best interests of justice. Among the factors which the prosecutor may consider in making a charging decision are: