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Judge: Inmates have right to counsel when facing added time

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April 1st, 2016 by Ric Hanson

IOWA CITY, Iowa (AP) – A judge has ruled that Iowa inmates have the right to legal counsel when challenging Department of Corrections’ decisions that can add time to their sentences. If upheld on appeal, the ruling could help inmates during classification and disciplinary hearings run by department officials. It’s not clear who would pay for their attorneys.

The department on Thursday appealed the decision by Judge Scott Rosenburg. The Iowa Supreme Court will decide whether to keep the case or send it to the Court of Appeals. The high court ruled last year that misdemeanor defendants have the right to counsel under the Iowa Constitution. Given that decision, Rosenburg says it makes sense that inmates “facing the possibility of an increase in the amount of time he or she will be incarcerated” also qualify.