When Due Process Dies in the Parking Lot

When Due Process Dies in the Parking Lot: Joe’s Missed Hearings and Iowa’s Failure to Uphold Justice

In Iowa, the criminal court process is supposed to be guided by procedure, fairness, and the Constitution. Instead, I’ve watched my husband, Joe, get dragged through a “process” that looks more like a circus than a courtroom. He’s now been denied his right to appear for three major hearings—his initial appearance, preliminary hearing, and arraignment—all because no one wants to do their job.

This isn’t just a glitch. This is systemic failure, and it’s happening right across the parking lot from the courthouse.

What the Law Requires

To understand why this is outrageous, let’s look at how Iowa law says this is supposed to work:

Initial Appearance – Iowa R. Crim. P. 2.2(4)(a)

Must occur “promptly” after arrest or service of a complaint.

The judge informs the defendant of the charges, advises them of their rights, and determines whether they need appointed counsel.

Preliminary Hearing – Iowa R. Crim. P. 2.2(4)(d)

For felony charges, the defendant has a right to a hearing where the state must show probable cause unless the case goes straight to a grand jury.

The defendant may waive—but Joe didn’t. He wanted to be there.

Arraignment – Iowa R. Crim. P. 2.8(1)

At arraignment, the defendant must be present, informed of the charge in open court, and called upon to plead.

Without arraignment, the case cannot move forward.

The Iowa Constitution (Art. I, Sec. 10) and the Sixth Amendment to the U.S. Constitution guarantee the accused the right to be present and to have counsel. These aren’t “technicalities.” They are the bedrock of due process.

What Actually Happened to Joe

Instead of following those rules, here’s what happened:

No Transport Orders

Three hearings have now gone forward without Joe present because the prison refused to transport him without a judge’s order, and the court refused to issue one. It’s absurd—he’s housed across the parking lot from the courthouse, yet the two institutions point fingers at each other until nothing gets done.

Ignored Motions

I personally filed two motions requesting his transport to prior hearings. Both were ignored—by the court or by the prosecutor, no one will admit which. The result? Joe sat in his cell while the clock on due process kept ticking.

Denied Counsel

Joe has been forced into representing himself (pro se) because he has not been physically present in court to request a court-appointed attorney. He literally cannot get counsel without appearing in front of a judge. That’s a constitutional trap: he can’t get to court without a transport order, and he can’t get counsel without being in court.

Last-Minute “Fix”

At our joint arraignment, my attorney requested Joe be brought over so she could speak with him directly, given his lack of representation. Instead of honoring that, the court suddenly decided—at that exact moment—that my earlier motion for appointed counsel should be granted. Convenient, right? Now, with Joe “officially” represented by counsel, my attorney could no longer speak with him. Problem “solved.”

This wasn’t justice. This was the system scrambling to cover itself in real time.

Why This is a Constitutional Crisis

What’s happening here isn’t minor. Joe has now:

Missed three constitutionally required hearings.

Been denied his right to counsel (Art. I, Sec. 10 Iowa Constitution; 6th Amendment U.S. Constitution).

Been arraigned in absentia—which is not legal under Iowa R. Crim. P. 2.8.

When a man can be charged, called for arraignment, and yet never allowed in the courtroom to enter a plea, the system is broken. And when judges ignore motions to correct it until it becomes politically convenient, it’s not just broken—it’s corrupt.

The Bigger Picture

If Joe’s rights can be trampled this easily, anyone’s can. The Iowa courts and Anamosa prison officials have decided that convenience matters more than the Constitution. They’ve proven that due process can die not in the courtroom, but in the parking lot between the courthouse and the prison.

And it doesn’t take a law degree to see how dangerous that is. If the state can refuse to transport someone, ignore motions, delay counsel, and still pretend the process is valid, then no Iowan is safe from arbitrary prosecution.

👉 This is not just incompetence. This is a direct violation of due process. And if it can happen here, it can happen anywhere.