Drake Children's Rights Clinic Receives Decision from Iowa Supreme CourtÂ
On May 3, 2024, the Iowa Supreme Court published the decision which sustained the writ of certiorari, vacated the juvenile court's orders denying requests for additional expert fees, and remanded the matter for entry of an order authorizing the full amount in expert fees for the work provided.
Law clerk Taylor Thomas, as a part of the Drake University Law School Children’s Rights Clinic Team, brought the case before the Iowa Supreme Court on Tuesday, April 10, 2024 in Des Moines, Iowa. Link to April 23, 2024 news.
In the case of K.C. v. Iowa District Court for Polk County (Case No. 23-0214), K.C. sought further review after the Juvenile Court granted a Motion for Expert Assistance at State’s Expense to aid him in his defense against waiver to adult court. In the juvenile court’s order, the court established a maximum reimbursement amount that was $3,400 lower than what was requested. K.C. contended that the juvenile court abused its discretion by (1) failing to use a test for determining an expert witness’s fees that accounted for the “constitutional rights implicated by expert assistance and the special nature of juvenile proceedings”, and (2) failing to give reasons for significantly capping the fee.
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Information on the case including oral argument video can be found on the Iowa Supreme Court website.