Iowa Code 915.37 – Guardian ad litem for prosecuting child witnesses
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Terms Used In Iowa Code 915.37
- Child: includes child by adoption. See Iowa Code 4.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
915.37 Guardian ad litem for prosecuting child witnesses.
1. a. A prosecuting witness who is a child in a case involving a violation of chapter 709
or 710A, or § 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 child and the compatibility of the child and the child’s interests with the prospective guardian ad litem. If a guardian ad litem has previously been appointed for the child in a proceeding under chapter 232 or a proceeding in which the juvenile court has waived jurisdiction under § 232.45, the court shall appoint the same guardian ad litem under this section. The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child 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, “”child”” means a person under eighteen years of age.
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 § 232.2.
98 Acts, ch 1090, §30, 84; 2009 Acts, ch 19, §3; 2021 Acts, ch 61, §2; 2023 Acts, ch 19, §1345
Subsection 2 amended
1. a. A prosecuting witness who is a child in a case involving a violation of chapter 709
or 710A, or § 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 child and the compatibility of the child and the child’s interests with the prospective guardian ad litem. If a guardian ad litem has previously been appointed for the child in a proceeding under chapter 232 or a proceeding in which the juvenile court has waived jurisdiction under § 232.45, the court shall appoint the same guardian ad litem under this section. The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child 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, “”child”” means a person under eighteen years of age.
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 § 232.2.
98 Acts, ch 1090, §30, 84; 2009 Acts, ch 19, §3; 2021 Acts, ch 61, §2; 2023 Acts, ch 19, §1345
Subsection 2 amended