Rule 37.4 Domestic violence, sexual assault, and sexual abuse victim counselors
Rule Text
37.4(1) In all proceedings under Iowa Code chapters 236, 236A, and 664A, a victim counselor, as defined in Iowa Code section 915.20A(1)(d), who is affiliated with a member domestic violence program of the Iowa Coalition Against Domestic Violence or a member of the sexual assault program of the Iowa Coalition Against Sexual Assault, and whose program has registered with the Iowa Coalition Against Domestic Violence or the Iowa Coalition Against Sexual Assault as providing services under this rule, is allowed to do the following:
a. To distribute the pro se forms prescribed by the department of justice pursuant to Iowa Code sections 236.3A and 236A.4 and to assist victims of domestic violence in the preparation of such forms.
b. To describe to victims the proceedings under chapters 236, 236A, and 664A and to assist them in their role as witnesses.
c. To accompany victims throughout all stages of proceedings under Iowa Code chapters 236, 236A, and 664A.
d. To attend all court proceedings, including sitting in chambers and at counsel table, to confer with the plaintiffs, and, at the judge’s discretion, to address the court; however, domestic violence and sexual assault victim counselors cannot examine witnesses, make arguments to the court, or otherwise act in a representative capacity for victims of domestic violence.
37.4(2) The Iowa Coalition Against Domestic Violence and the Iowa Coalition Against Sexual Assault must provide to the administrator, on an annual basis and more frequently as necessary, an updated list of its member programs that perform the services provided under this rule.
37.4(3) When they assist victims of domestic violence as specified in this rule, domestic violence and sexual assault victim counselors are not engaged in the unauthorized practice of law.
Amendment history: Court Order October 18, 1993, effective January 3, 1994; November 9, 2001, effective February 15, 2002; June 14, 2002, effective July 1, 2002; March 15, 2007; February 14, 2008, effective April 1, 2008; December 13, 2017, effective January 1, 2018; September 9, 2024