Covers three eras: 1951-early 1970s; LSC of Iowa during 1977-2002; and Iowa Legal Aid during 2003-present. Lists selected federal and state cases.
Item details
| Focus organization: | Iowa Legal Aid |
|---|---|
| Publisher: | CNEJL |
| Date (approx.): | Apr 11, 2025 |
| Actual title: | Iowa Legal Aid: A Brief History of Legal Services in Iowa |
| Creator: | Groenenboom, Dennis and Luzzie, Christine |
| Collection: | Organization histories |
| Format: | Report |
| State: | IA |
| Law type: | Civil |
| Purpose(s): | |
| Lists: | |
| Topics: | |
| Content availability: | Full text: HTML here and Full text: PDF here |
| File: | Download |
| External link: | |
| Last modified: | 2025-04-11 11:16 |
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Iowa Legal Aid: A Brief History of Legal Services in Iowa
by Dennis Groenenboom & Christine Luzzie
April 2025
Iowa Legal Aid grew out of a need to provide high quality legal services to low-income Iowans. Iowa Legal Aid is part of a nationwide network dedicated to providing legal assistance to low-income individuals, as well as to others including elderly Iowans, persons who have a disability, or those living in an institution.
Early Years: 1951-early 1970s
Free legal services for low-income people unable to afford a private attorney actually began in the 19th century through the pioneering efforts of volunteer lawyers and private charities. By 1922, there were 33 legal aid offices in the United States. The vast majority were totally dependent on local charitable donations.
Legal Aid programs in Iowa date back to 1951, when the Legal Aid Society of Polk County was founded through the efforts of the community foundation, the local bar association and Drake University to provide services to low-income residents of Polk County. Polk County contains the city of Des Moines, which is the county seat and the state capital.
In 1965, Congress passed an act establishing the Office of Economic Opportunity (OEO). In Iowa, four new legal aid societies in addition to the existing Polk County program were organized under OEO auspices. They were located in Dubuque, Iowa City, Council Bluffs-Omaha and Waterloo. In 1970, the HELP through Education and Law Program was established in Davenport. A few counties in the state also opened legal aid offices. Each office, like the Legal Aid Society of Polk County, was restricted to representing low-income people who resided in the county where the office was located. Several other counties opened legal aid offices as well.
Both in Iowa and at the national level, it became increasingly evident that a structural change in legal services would be needed if the poor were truly to have equal access to justice. As a result, the American Bar Association, the National Bar Association and the National Legal Aid and Defender Association encouraged Congress to establish an independent, national Legal Services Corporation.
Creation of the national Legal Services Corporation: 1974
In 1974, Congress passed the Legal Services Corporation Act (P.L. 93-355). At the federal level, the passage of this law removed legal services from OEO and placed it in the care of an independent, federal corporation modeled on COMSAT, the Corporation for Public Broadcasting and other similar quasi-independent federal agencies.
The strength of the national Corporation is said to lie in these fundamental principles of the Act:
• partisan political considerations have no place in a program designed to ensure high quality legal assistance to the poor;
• a corporate organization is best designed to bring creative energies to bear on the problem of equalizing the access of poor people to the legal system; and
• every legal services program should be carefully evaluated to ensure that it is providing the most effective and efficient service possible.
Legal Services Corporation of Iowa: 1977-2002
In February 1977, the Legal Services Corporation of Iowa (now known as Iowa Legal Aid) was created through the merger of four existing separate legal services organizations located in Dubuque, Waterloo, Iowa City and Council Bluffs. The Legal Services Corporation of Iowa was an operating entity despite the similarity of its name to the national LSC, which is primarily a funder of legal aid.
Although HELP through Education and Law Program did not merge into the Legal Services Corporation of Iowa, it became a subgrantee. During the period of 1977 to 1979, new offices were opened in Sioux City, Des Moines (serving south central Iowa), Mason City, Cedar Rapids, Ottumwa, Spencer, Creston, Fort Dodge and Decorah. For the first time, low-income Iowans in all corners of the state had access to a legal services office. Several single county legal aid offices closed and were folded into the Legal Services Corporation of Iowa.
In 1981, federal funding appropriated to LSC decreased approximately 30% which caused the closure of Legal Services Corporation of Iowa offices in Creston, Burlington, Decorah, Fort Dodge and Spencer. These reductions forced further consolidation of services and staff reductions.
At that time, the vast majority of funding for the Legal Services Corporation of Iowa came from the federal LSC grant. The loss of 30% of funding was devastating. The program undertook several steps to address this reality. Diversifying funding sources and increasing the number of funding sources were of paramount importance. Work was initiated to increase public awareness of the work of legal aid, and the impact of the services provided not just to clients served, but also to the justice system and the community and state at large.
The national LSC implemented a requirement that 12.5% of the LSC budget had to be used for private attorney involvement (PAI). This supported pro bono services and other programs. Although there was a great deal of frustration at the addition of this requirement at a time of tight budgets, it became a critical foundation to subsequent efforts to improve awareness of the needs of low-income Iowans to receive legal services and obtain support both financial and in-kind.
These steps were of critical importance with the election of the 104th Congress in 1994 that brought additional challenges to the Legal Services Corporation. Substantial reductions in funding and significant new restrictions were adopted. These changes, however, brought about additional partnerships at the state level. Beginning in 1996, Iowa’s General Assembly appropriated funds for Iowa’s federally-funded Legal Services programs. The Iowa State Bar Association and individual lawyers expanded their support as well. Many other groups came forward to address the important task of providing access to justice for Iowa’s most vulnerable residents.
Iowa Legal Aid: 2003-present
On January 1, 2003, the Legal Services Corporation of Iowa and the Legal Aid Society of Polk County merged to form Iowa Legal Aid. The merger was part of a nationwide movement initiated by the Legal Services Corporation which required consolidation of states’ legal aid programs in order to provide more effective, efficient services. The new entity, Iowa Legal Aid, provides services to low-income Iowans in all 99 counties of the state. In December, 2013, the HELP Legal Aid office in Davenport merged with Iowa Legal Aid.
Iowa Legal Aid, as the state’s preeminent provider of civil legal assistance to low-income people, continues to receive wide support. The Iowa State Bar Association, local bar organizations, the low-income community and the population generally support the services Iowa Legal Aid provides. The dedication of the programs’ 18-member Board of Directors and all employees is instrumental to this community support. Iowa Legal Aid employees are expected to provide high quality representation to as many low-income clients with legal problems as possible.
The quality of the services provided was recognized by the national Legal Services Corporation in a Program Quality Report issued in 2017 that stated in part:
Iowa Legal Aid is an effective and efficient program with many forward-thinking attributes such as its Advisory Councils, creation of the Iowa Legal Aid Foundation and its distributed intake system. There are few areas that need improvement. The program is very well managed with strong leadership and board support. It is highly productive, providing high quality legal services to a significant number of clients. It is also a program that is constantly engaging in self-analysis as well as trying to improve from learning from others and adopting new ideas. Its continued strategic planning efforts are exemplary and could serve as a model for other programs.
Legal aid leaders in Iowa
Legal aid in Iowa has been fortunate to have as members of boards of directors dozens of attorneys and client-eligible individuals, along with other members of the community. These individuals, who are too numerous to mention, were critical in the initial establishment of the Legal Aid Society of Polk County, single county OEO offices, and the Legal Services Corporation of Iowa. They helped the programs navigate many challenges, including mergers, significant reductions in federal funding, and receipt of state funding. Following are a few selected legal aid staff:
Robert Oberbillig was an early leader of providing legal assistance to low-income people in Iowa. Beginning in 1967 he work in the Waterloo, Iowa legal aid office. He then served as the director of the Legal Aid Society of Polk County from 1969 until 2002 when the Polk County office merged with the Legal Services Corporation of Iowa to form Iowa Legal Aid.
John Barrett was the first director of the Legal Services Corporation of Iowa. Working with staff of LSC’s Chicago Regional Office, he was instrumental in getting all counties in Iowa except Polk County to become a part of the Legal Services Corporation of Iowa. Randi Youells succeeded John Barrett as Director. She served in that position for nine years until 1992. Pat McClintock initially served as the Deputy Director of Paralegal Advocacy but after the major reductions in federal funding and resulting reductions in staff, Pat served as the Program Administrator until his retirement in 2017. Dennis Groenenboom followed Youells and served as Director for nearly 26 years.
The program also had a commitment to pursuing impact advocacy and for many years employed two litigation directors to assist staff and guide these efforts. Carroll Lucht, Martin Ozga and Christine Luzzie worked in those roles. Luzzie had the longest tenure of nearly 40 years.
Over the decades, hundreds of individuals worked in legal aid offices throughout the state of Iowa. The staff were instrumental in handling the cases that are listed below as well as providing representation to hundreds of thousands of Iowans on critical issues involving domestic violence, consumer problems, healthcare, housing, and many more.
Iowa Legal Aid and Iowa’s Legal Community
Iowa Legal Aid works closely with the Iowa State Bar Association and other lawyers in Iowa to advance the cause of equal justice under law. The organized bar in Iowa has been a major supporter of the delivery of legal services to low-income clients, including having the leadership of the Bar Association involved in addressing issues such as state funding, mergers, and many others. The organized bar in Iowa has been critical to the programs’ success. In addition, Iowa Legal Aid staff are active participants in bar activities throughout the state.
Iowa lawyers volunteer their time through Volunteer Lawyers Projects. The following quote from a client served by a volunteer lawyer exemplifies the impact of these volunteer services:
“I have gone through terrible troubles and there didn’t seem to be any hope. My husband of almost 49 years passed away with cancer. I was left with huge financial burdens. I lost my home that we lived in all our married life. If it wouldn’t be for Legal Aid and the volunteer attorney, I don’t know where I would be today. I have the most respect for the volunteer attorney who helped me and I’ll never forget all he’s done.”
Track Record of Accomplishments as an Organization
For more than 45 years, Iowa Legal Aid has provided critical legal assistance to low-income Iowans who have nowhere else to turn. Typical clients of Iowa Legal Aid include:
• A victim of domestic violence who, along with her children, is in need of the intervention of the courts in order to ensure her safety, maintain shelter, obtain support and the ability to move on from a violent past to a productive future.
• A family is assisted in applying for the Earned Income Credit which helps maintain family income so that housing is maintained and food and basic necessities are available for all family members.
• A veteran, who has been unable to work as a result of problems encountered in the service of his country, needs help in establishing eligibility for veteran’s assistance which will provide much needed income for his family.
Working to bring hope, dignity and justice to low-income Iowans is the goal of Iowa Legal Aid. The work of the program has changed both the law and the lives of thousands of Iowans, as evidenced by a few cases handled which are highlighted below.
Litigation Highlights: Selected Federal and State Cases
The following list of selected cases was developed applying the following criteria:
• The case was seminal and had enduring impact.
• The case represented an advance, or avoided a defeat, for the conditions and rights of low-income and marginalized people; and,
• Legal aid lawyers or programs played a role in initiating or litigating the case.
Federal Cases
Medina v. Appanoose County (S.D. Iowa 1989); Burr v. Des Moines County (S.D. Iowa 1987); Kobliska v. Chickasaw County (S.D. Iowa 1986).
These cases challenged state execution and garnishment procedures where there was no notice of exempt property or the means to raise the exemption. It resulted in administrative directives from the Iowa State Court Administrator that established procedures and forms for use statewide in both execution and garnishment proceedings.
Salcido v. Woodbury County, et al, 119 F. Supp.2d 900 (N.D. Iowa 2000)
Iowa’s civil commitment statute was declared unconstitutional on its face because there was no process to contest placement decisions and the board of supervisors were not neutral decision makers to decide appeals.
Luna-Vanegas v. Signet Builders, 46 F.4th 636 (7th Cir. 2022)
In conjunction with Legal Action of Wisconsin, decision protected relief for misclassification of H2A agricultural guest workers who work non-agricultural jobs, a practice that simultaneously results in underpaid guest workers and undercuts domestic workers by driving down wages and providing unfair competition.
State Cases
Symonds v. Green, 493 N.W.2d 801 (Iowa 1992)
When rent is due, a landlord must give a tenant a three-day notice to cure the rent due before the lease is terminated.
Liberty Manor v. Rinnels, 487 N.W.2d 324 (Iowa 1992)
When a tenant is being evicted for breach of the rental agreement, the landlord must give a notice to cure the breach before the lease is terminated.
Agan v. Krambeck, 926 N.W.2d 568 (Iowa App 2018)
Failure to provide cure language in termination notice to domestic violence victim deprived court of jurisdiction in eviction action.
War Eagle v. Plummer, 775 N.W.2d 714 (Iowa 2009)
Service of eviction notices by certified mail, whether or not the person picked up the mail, was held to be unconstitutional.
In re Guardianship of Hedin, 528 N.W.2d 567 (Iowa 1995)
Because the existing law did not meet constitutional requirements, the court determined that in all guardianship cases the court must consider whether a limited guardianship is appropriate, apply a clear and convincing standard as the burden of proof and place the burden of persuasion that a guardianship is necessary on the guardian.
In re Interest of S.A.J.B., 679 N.W.2d 645 (Iowa 2004)
A parent has the right to counsel in a private termination of parental rights case.
Haley v. Haley, 662 N.W.2d 375 (Iowa App. 2003)
A person can have both a criminal and a civil no contact order); Rasmussen v. Rasmussen, 686 N.W.2d 235 (Iowa App. 2004) (fifteen minutes a side was not enough time to present a domestic abuse case.
Mulligan v. Ashenfelter, 792 N.W.2d 665 (Iowa 2010)
Medical and mental health records are generally protected from discovery in civil cases.
Smith-Porter v. Iowa Department of Human Services, 590 N.W.2d 541 (Iowa 1999)
Exemptions in the law apply to administrative offsets for debts owed to the state.
Marian Health Center v. Cooks, 451 N.W.2d 846 (Iowa App. 1990)
Man shining shoes was independent contractor but was entitled to wage protections under Iowa law.
Irving v. Employment Appeal Bd., 883 N.W.2d 179 (Iowa 2016)
Struck down a rule that considered people who were arrested and involuntarily held in jail to have “voluntarily quit” without good cause, for the purposes of denying them unemployment benefits.
Doe v. State, 943 N.W.2d 608 (Iowa 2020)
People who owe court debt in different cases cannot be forced to repay that debt as a condition precedent to expunging a different case.
Jenkins as Tr. of 2216 Lay St. Tr. v. Clark, 988 N.W.2d 469 (Iowa Ct. App. 2022)
Small claims courts do not have jurisdiction to evict someone when title is placed at issue, including but not limited to homes being purchased via real estate contract.
Mease v. Fox, 200 N.W.2d 791 (Iowa 1972)
There is an implied warranty of habitability when a landlord enters into a residential lease with a tenant.
Revised April 11, 2025
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