ISBA legislative update: Advocating for indigent defense reforms

On Wednesday, Jan. 15, The Iowa State Bar Association (ISBA) leadership convened with Governor Kim Reynolds' legal counsel team, House and Senate leaders, and key legislators at the Iowa State Capitol. These meetings marked the launch of the ISBA's Affirmative Legislative Program for 2025. Highlighting the agenda was a discussion on critical issues facing Iowa's legal community, including the dire need for indigent defense reforms, the full funding of the judicial branch, and other legislative priorities aimed at strengthening Iowa's justice system.

Main focus: Indigent defense crisis
At the forefront of the ISBA's legislative agenda is addressing Iowa's ongoing indigent defense crisis. The ISBA has proposed increasing the hourly rates for contract attorneys to $100 for Class A felonies and proportionate increases for other cases. This initiative includes an automatic cost-of-living adjustment (COLA) tied to federal COLA rates, ensuring sustainable growth over time.

Contract attorneys currently earn $86 per hour for Class A felonies and lower rates for other cases, significantly lagging behind compensation in neighboring states and the federal system. In Illinois, for instance, attorneys earn a minimum of $150 per hour, while the federal rate for non-capital cases is $175 per hour. These disparities have contributed to a statewide shortage of contract attorneys, with numbers declining from 1,018 in 2015 to just 535 in 2024. This decline has particularly impacted rural areas, leaving many judicial districts struggling to provide adequate legal representation.

The Legislative Services Agency published a Fiscal Research Brief on Jan. 4, 2024, providing an analysis of private attorneys accepting indigent defense appointments in Iowa. Also included is an overview of Iowa's indigent defense system and funding information related to indigent defense.

Advocating for systemic change
During the January 15 meetings, ISBA President Melvin O. Shaw, Executive Director Dwight Dinkla, and legislative counsel emphasized the urgent need for legislative action. "Without immediate reforms, the contract attorney shortage will continue to jeopardize the constitutional rights of indigent defendants and the efficiency of our judicial system," said President Shaw. He also noted that the proposed increase in rates is essential to meet state and federal constitutional mandates, as highlighted in the landmark case Gideon v. Wainwright.

Chief Justice Susan Christensen has previously warned of the crisis's impact on Iowa's courts, stating that the shortage of attorneys threatens to bring criminal proceedings to a halt. The ISBA's proposal not only seeks to address this crisis but also ensures fair compensation for attorneys who provide high-quality legal representation under challenging circumstances.

A broader legislative agenda
In addition to indigent defense reforms, the ISBA's 2025 legislative agenda includes 12 other proposals aimed at amending provisions of the Iowa Code and improving procedural efficiencies. These initiatives reflect the ISBA's commitment to enhancing the administration of justice for all Iowans.

Call to action for ISBA members
The ISBA urges its members to actively engage in the legislative process by contacting their state senators and representatives. Personal letters and phone calls remain the most effective forms of advocacy. By sharing personal insights and professional experiences, members can help legislators understand the urgent need for reform.

Resources and additional information on the ISBA's legislative program, including how to contact your legislators, can be found at www.iowabar.org/legislative.

Looking ahead
As the 2025 legislative session progresses, the ISBA will continue to advocate for meaningful improvements in Iowa's legal system. Updates on legislative developments will be shared in future issues of the Iowa Lawyer Weekly and The Iowa Lawyer magazine. Together, we can drive the changes necessary to uphold the principles of justice and equity in Iowa.

Below are images from the ISBA's Jan. 15 meetings at the Capitol, showcasing the leadership's engagement with leaders in the legislature and legal profession:

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