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Case No. 23-0214

K.C., minor child
v.
Iowa District Court for Polk County

On August 15, 2022, the State filed a delinquency petition against K.C. on counts of persons ineligible to carry dangerous weapons and possession of a controlled substance (marijuana) and filed a petition for waiver of the juvenile court’s jurisdiction. K.C. moved to hire a forensic psychologist at state expense for purposes of the waiver hearing. On September 13, 2022, the juvenile court granted the motion, but did not establish a maximum reimbursement amount for the expert witness until November 7, which amount was $3,400 lower than the expert’s estimated fees for her services. After several motions, amended motions, and motions to reconsider, K.C. filed a petition for writ of certiorari, which the supreme court granted. K.C. argues 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 discounting the fee, even after K.C. provided updated and final information from the expert.

County:
Polk
Trial Court Case No.:
JVJV251169

Plaintiff

K.C., minor child

Defendant

Iowa District Court for Polk County

Attorneys for the Plaintiff

Nickole Miller
Payton Kitterman
Taylor Thomas
Charles Isaacson
Jami J. Hagemeier
Marsha L. Levick

Attorneys for the Defendant

Zachary Miller
Sharon Wegner
Rita Bettis

Other Information

Date Retained:
Jan 30, 2024
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