Q: Can I file motions pro se in a CINA case while having a court-appointed attorney in Iowa?
I am involved in a CINA case in Iowa. Despite no drugs or abuse being found, my court-appointed attorney isn't helpful—they're often unavailable and don't consult me or offer options. I want to file various motions pro se, such as for financial assistance, modification of case plan requirements, reunification plan clarification, and others, but my attorney doesn't think it's necessary. Can I file these motions pro se while still having a court-appointed attorney, and how should I proceed?
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A:
In Iowa, you have the right to represent yourself and file motions pro se, even if you have a court-appointed attorney. While your attorney is supposed to advocate for you, you can still file motions directly with the court if you believe your concerns are not being addressed. However, it’s important to consider that filing motions without the guidance of an attorney might lead to complications if they are not properly drafted.
Before filing anything, it might be helpful to discuss your desire to file these motions with your attorney, even if they’ve been unavailable or unhelpful. You can express your concerns and ask for assistance, but if they continue to ignore your needs, you may consider filing motions yourself.
If you decide to proceed on your own, make sure your motions are clear, relevant to the case, and in line with Iowa’s court rules. You can also ask the court clerk for general procedural guidance. It might be worth considering a formal request to change attorneys if you feel your current representation is inadequate.
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