§ 915.37 — Guardian ad litem for prosecuting child witnesses

Iowa § 915.37

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 915: VICTIM RIGHTS

Text

1. a. Aprosecutingwitnesswhoisachildorwhohasamentaldisabilityinacaseinvolving
a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have
the witness’s interests represented by a guardian ad litem at all stages of the proceedings
arising from such violation. The guardian ad litem shall be a practicing attorney and shall
be designated by the court after due consideration is given to the desires and needs of the
prosecuting witness and the compatibility of the prosecuting witness and the prosecuting
witness’s interests with the prospective guardian ad litem. If a guardian ad litem is currently
appointed, or has previously been appointed, for the prosecuting witness in a proceeding
under section 598.12, a proceeding under chapter 232, a proceeding in which the juvenile
court has waived jurisdiction under section 232.45, or any other proceeding substantially
related to a matter arising under this section, the court shall give appointment priority to
the same guardian ad litem under this section. When a guardian ad litem is appointed for
a prosecuting witness with a mental disability, the court shall give appointment priority to
an attorney who has background and training specific to persons with mental disabilities.

The guardian ad litem shall receive notice of and may attend all depositions, hearings, and
trial proceedings to support the prosecuting witness and advocate for the protection of the
prosecuting witness but shall not be allowed to separately introduce evidence or to directly
examine or cross-examine witnesses. However, the guardian ad litem shall file reports to the
court as required by the court.
b. For purposes of this subsection:
(1) “Child” means a person under eighteen years of age.
(2) “Mental disability” means one or more intellectual, developmental, or psychiatric
disabilities that result in significant impairment to a person’s ability to comprehend,
communicate, or learn.
2. References in this section to a guardian ad litem shall be interpreted to include
references to a court appointed special advocate as defined in section 232.2.