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Ch 2, p.30 CRIMINAL PROCEDURE August 2010
c. Probation. An order placing the defendant on probation may be stayed if an appeal is taken. If
not stayed, the court shall specify when the term of probation shall commence. If the order is stayed
the court shall fix the terms of the stay.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §74; Report November 9, 2001, effective February 15, 2002]
Rule 2.27 Presence of defendant; regulation of conduct by the court.
2.27(1) Felony or misdemeanor. In felony cases the defendant shall be present personally or by
interactive audiovisual closed circuit system at the initial appearance, arraignment and plea, unless
a written arraignment form as provided in rule 2.8(1) is filed, and pretrial proceedings, and shall be
personally present at every stage of the trial including the impaneling of the jury and the return of the
verdict, and at the imposition of sentence, except as otherwise provided by this rule. In other cases
the defendant may appear by counsel.
2.27(2) Continued presence not required. In all cases, the progress of the trial or any other
proceeding shall not be prevented whenever a defendant, initially present:
a. Is voluntarily absent after the trial or other proceeding has commenced.
b. Engages in conduct justifying exclusion from the courtroom.
2.27(3) Presence not required. A defendant need not be present in the following situations:
a. A corporation may appear by counsel for all purposes.
b. The defendant’s presence is not required at a reduction of sentence under rule 2.24.
2.27(4) Regulation of conduct in the courtroom.
a. When a defendant engages in conduct seriously disruptive of judicial proceedings, one or more
of the following steps may be employed to ensure decorum in the courtroom:
(1) Cite the defendant for contempt.
(2) Take the defendant out of the courtroom until the defendant promises to behave properly.
(3) Bind and gag the defendant, thereby keeping the defendant present.
b. When a magistrate reasonably believes a person who is present in the courtroom has a weapon
in the person’s possession, the magistrate may direct that such person be searched, and any weapon
be retained subject to order of the court.
c. The magistrate may cause to have removed from the courtroom any person whose exclusion is
necessary to preserve the integrity or order of the proceedings.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §75, 76; amendment 1984; Report April 20, 1992, effective July
1, 1992; November 9, 2001, effective February 15, 2002]
Rule 2.28 Right to appointed counsel.
2.28(1) Representation. Every defendant who is an indigent person as defined in Iowa Code
section 815.9 is entitled to have counsel appointed to represent the defendant at every stage of
the proceedings from the defendant’s initial appearance before the magistrate or the court through
appeal, including probation revocation hearings, unless the defendant waives such appointment.
An alleged parole violator who is an indigent person as defined in Iowa Code section 815.9 shall
be advised during his or her initial appearance of the right to request the appointment of counsel for
the parole revocation proceedings.
2.28(2) Compensation. When counsel is appointed to represent an indigent defendant or alleged
parole violator, compensation shall be paid as directed in Iowa Code chapter 815.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §77; 69GA, ch 117, §1242; 1983 Iowa Acts, ch 186, §10146;
Report November 9, 2001, effective February 15, 2002; January 3, 2003, effective March 17, 2003; January
4, 2005, effective March 15, 2005]
Rule 2.29 Appointment of appellate counsel in criminal cases.
2.29(1) An indigent defendant, as defined in Iowa Code section 815.9, convicted of an indictable
offense or a simple misdemeanor where defendant faces the possibility of imprisonment, is entitled
to appointment of counsel on appeal or application for discretionary review to the supreme court.
Application for appointment of appellate counsel shall be made to the trial court, which shall retain
authority to act on the application after notice of appeal or application for discretionary review has
been filed. The district court clerk shall promptly submit any application for appointment of counsel
or for transcript at public expense to a judge with authority to act on the application. The clerk shall
also provide the supreme court clerk with a copy of any order appointing appellate counsel. The
supreme court or a justice may appoint counsel if the trial court fails or refuses to appoint and it
becomes necessary to further provide for counsel.