Jail Court
In 1991, a full time court opened at the jail to speed up court appearances for
prisoners and help alleviate jail overcrowding. The Polk County Attorney’s Office
assigns one full time attorney and one legal assistant to the Jail Court. Within
24 hours after the arrest of a defendant, he/she must be brought before a judge
for an initial appearance. This initial appearance usually takes place in Jail Court.
During the initial appearance, the defendant is informed of the right to counsel,
and counsel is appointed if the defendant cannot afford counsel. The judge makes
a determination if there were reasonable grounds (probable cause) to arrest the
defendant. Bond is then set, based on a preset bond schedule prepared by the Iowa
Supreme Court. The suspect may qualify for pretrial release and the judge may authorize
the release at that time. The defendant is informed that he/she is not required
to make a statement and that any statement could be used against them. The defendant
is then informed of the right to a preliminary hearing. In addition to the initial
appearance, various hearings are held at Jail Court. These hearings include expedited
arraignment of prisoners who because of the nature of their allegded offenses or
because of their criminal history are unable to qualify for a pre-trial release
program. By expediting their cases, these defendants spend fewer days in jail prior
to trial, thus reducing the demand for scarce bed space at the jail. Jail Court
is not open to the general public; however, a video conferencing unit broadcasts
all Jail Court proceedings to the Polk County Courthouse public viewing area.