FFJC: Des Moines, Iowa — Last week, the Iowa Supreme Court allowed the ACLU of Iowa, the Fines and Fees Justice Center, and Public Justice to file an amicus brief in State of Iowa v. Ronald Pagliai (PAG-lee-eye), a case currently before the Court. The amicus brief argues that Iowa courts may not bill low-income Iowans for the cost of their court-appointed defense attorney when criminal charges against the person have been dismissed.
ACLU of Iowa Legal Director Rita Bettis Austen said, “We filed this amicus brief because it’s fundamentally unfair to charge anyone exercising their constitutional right to free counsel. By definition, these are circumstances where the state has already determined someone is indigent and cannot afford to hire their own lawyer. It’s even worse when the state charges someone for these costs when the charges are ultimately dismissed. Everyone is innocent until proven guilty under the law.”
Low-income Iowans charged with various offenses are eligible for a court-appointed attorney. What many of those people don’t realize, however, is that this supposedly “free” service can in fact cost them thousands of dollars. This is especially unfair when the charges against a person are ultimately dropped.
Read full article: FFJC, ACLU and Public Justice file Amicus Brief challenging Iowa’s public defender fees