Iowa R. App. P. 6.1005

6.1005(1) Applicability. The procedures in this rule apply when court-appointed counsel

moves to withdraw on the grounds that the appeal is frivolous or good cause cannot be

established for an appeal from a guilty plea to a crime other than a class “A” felony pursuant to

Iowa Code section 814.6(1)(a)(3). These withdrawal procedures cannot be used in termination

of parental rights or child in need of assistance appeals under Iowa Code chapter 232, in

direct criminal appeals following a trial, or in appeals from the denial of an application for

postconviction relief following a reported evidentiary hearing on that application, unless the

application was ultimately denied based upon the statute of limitations, law of the case, or res

judicata principles.

6.1005(2) Motion to withdraw from direct appeal of guilty plea to a crime other than a class

“A” felony subject to Iowa Code section 814.6(1)(a)(3) for lack of good cause. If, after a diligent

investigation of the entire record, the appellant’s counsel is convinced the appellant cannot make

an argument establishing good cause to appeal from a guilty plea to a crime other than a class

“A” felony to satisfy the requirements of Iowa Code section 814.6(1)(a)(3), counsel may file a

motion to withdraw. The motion must be accompanied by the following:

a. A brief that explains why good cause cannot be established.

(1) The brief must, at a minimum, discuss with proper citation to the record:

1. Whether the appellant was adequately advised of the right to file a motion in arrest of

judgment and whether the appellant waived that right.

2. Whether the sentencing proceedings substantially complied with the rules of criminal

procedure.

3. Whether the appellant received a sentence that was mandatory or agreed to as part of a plea

bargain.

4. Whether the State complied with its obligations under any plea agreement.

5. Whether the sentence was authorized by the Iowa Code, caselaw, or the rules of criminal

procedure. The brief must contain specific citations to the sections of the Iowa Code, the Iowa

Court Rules, and caselaw that are applicable to the determination of whether the sentence

imposed was within the statutory limits and compare those sections to the sentence imposed.

(2) The brief must also address any other issues that might arguably establish good cause.

(3) Counsel on direct appeal from a criminal proceeding is not required to review potential

claims of ineffective assistance of counsel. See Iowa Code section 814.7.

b. A copy of the rule 6.1005(6) notice.

c. A certificate showing service of the motion, brief, and notice upon the client.

6.1005(3) Motion to withdraw from all other cases. In all other applicable circumstances, if,

after a diligent investigation of the entire record, court-appointed counsel is convinced the appeal

is frivolous and that counsel cannot, in good conscience, proceed with the appeal, counsel may

file a motion to withdraw. The motion must be accompanied by:

a. A brief referring to anything in the record that might arguably support the appeal.

(1) If the appeal is from a guilty plea to a class “A” felony or sentence, the brief must, at a

minimum, address with proper citation to the record:

1. Whether a factual basis existed for each and every element of the crime, whether the plea

and sentencing proceedings substantially complied with the rules of criminal procedure.

2. Whether the State complied with its obligations under any plea agreement.

3. Whether the sentence was authorized by the Iowa Code, caselaw, or the rules of criminal

procedure. The brief must contain specific citations to the sections of the Iowa Code and the Iowa

Court Rules that are applicable to the determination of whether the sentence imposed was within

the statutory limits and compare those sections to the sentence imposed.

(2) The brief must also contain citations to the record establishing each of the elements of the

crime and establishing compliance with the rules of criminal procedure and the Iowa Code.

(3) Counsel on direct appeal from a criminal proceeding is not required to review potential

claims of ineffective assistance of counsel. See Iowa Code section 814.7.

b. A copy of the rule 6.1005(6) notice.

c. A certificate showing service of the motion, brief, and notice upon the client.

6.1005(4) Format of motion and brief. A motion and brief filed pursuant to rule 6.1005 must

be in the form specified in rule 6.1007, and must contain citations to authorities relied on and

references to the pertinent parts of the record.

6.1005(5) Request to transmit record. At the time of filing the motion to withdraw under rule

6.1005(3), counsel must file a request with the clerk of the district court to transmit the record to

the clerk of the supreme court.

6.1005(6) Written notice to client. Counsel must notify the client in writing of counsel’s

conclusion that good cause cannot be established under rule 6.1005(2) or that the appeal is

frivolous under rule 6.1005(3) and that counsel is filing a motion to withdraw. The notice must be

accompanied by a copy of counsel’s motion and brief. The notice must advise the client that:

a. If the client agrees with counsel’s decision and does not desire to proceed with the appeal,

the client must within 30 days from service of the motion and brief clearly and expressly

communicate such desire, in writing, to the supreme court.

b. If the client desires to proceed with the appeal, the client must within 30 days communicate

that fact to the supreme court, raising any issues the client wants to pursue.

c. If the client fails to file a response to counsel’s assertion that the appeal is frivolous under

section 6.1005(3) with the supreme court, such failure could result in the waiver of the client’s

claims in any subsequent postconviction-relief action.

6.1005(7) Dismissal upon client’s agreement. When a client communicates to the court the

client’s agreement with counsel’s decision, the appeal will be promptly dismissed.

6.1005(8) Supreme court review.

a. In considering a rule 6.1005(2) motion to withdraw from an appeal of a guilty plea to a

crime other than a class “A” felony subject to Iowa Code section 814.6(1)(a)(3) for lack of good

cause, if the supreme court finds the appeal lacks good cause, it will grant counsel’s motion to

withdraw and dismiss the appeal for lack of appellate jurisdiction. If, however, the supreme court

finds good cause exists or arguably exists, it will deny counsel’s motion and may remand the

matter to the district court for appointment of new counsel.

b. In considering a rule 6.1005(3) motion to withdraw from a frivolous appeal in all other

cases, the supreme court will, after a full examination of the record, decide whether the appeal is

wholly frivolous. If it finds the appeal is frivolous, it may grant counsel’s motion to withdraw and

dismiss the appeal. If, however, the supreme court finds the legal points to be arguable on their

merits and therefore not frivolous, it will deny counsel’s motion and may remand the matter to

the district court for appointment of new counsel.

6.1005(9) Extension of times. The filing of a motion to withdraw pursuant to rule 6.1005 will

extend the times for further proceedings on appeal until the court rules on the motion.