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| 1 | - | House File 862 - | |
| 1 | + | House File 862 - Introduced HOUSE FILE 862 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 414) A BILL FOR An Act concerning conflicts of interest involving a county 1 attorney. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2631HV (2) 91 ll/js | |
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| 3 | - | H.F. 862 Section 1. Section 331.755, Code 2025, is amended to read 1 as follows: 2 331.755 Prohibited actions. 3 1. A county attorney shall not: 4 1. a. Accept a fee or reward from or on behalf of a person 5 for services rendered in a prosecution or the conduct of 6 official business. 7 2. b. Engage directly or indirectly as an attorney or 8 an agent for a party other than the state or the county in 9 an action or proceeding arising in the county which that is 10 based upon substantially the same facts as a prosecution or 11 proceeding which that has been commenced or prosecuted by the 12 county attorney in the name of the state or the county. This 13 prohibition also applies to the members of a law firm with 14 which the county attorney is associated. 15 3. c. Receive assistance from another attorney who is 16 interested in any civil action in which a recovery is asked 17 based upon matters involved in a criminal prosecution commenced 18 or prosecuted by the county attorney. 19 | |
| 3 | + | H.F. 862 Section 1. Section 331.755, Code 2025, is amended to read 1 as follows: 2 331.755 Prohibited actions. 3 1. A county attorney shall not: 4 1. a. Accept a fee or reward from or on behalf of a person 5 for services rendered in a prosecution or the conduct of 6 official business. 7 2. b. Engage directly or indirectly as an attorney or 8 an agent for a party other than the state or the county in 9 an action or proceeding arising in the county which that is 10 based upon substantially the same facts as a prosecution or 11 proceeding which that has been commenced or prosecuted by the 12 county attorney in the name of the state or the county. This 13 prohibition also applies to the members of a law firm with 14 which the county attorney is associated. 15 3. c. Receive assistance from another attorney who is 16 interested in any civil action in which a recovery is asked 17 based upon matters involved in a criminal prosecution commenced 18 or prosecuted by the county attorney. 19 d. Jointly represent the county, the board of supervisors, 20 or any other county official if a conflict of interest exists 21 between the parties. 22 e. Engage in any other type of legal representation that 23 creates a conflict of interest with the county, the board of 24 supervisors, or any other county official. 25 2. A board of supervisors may, with a majority vote of the 26 board, obtain outside counsel when there is a dispute between 27 the county attorney and the board of supervisors or any other 28 county official. 29 3. If a county sheriff reasonably believes that a conflict 30 of interest exists with the county attorney and the board of 31 supervisors refuses to act, the county sheriff may, through 32 notice pleadings, petition a district court for a determination 33 of whether a conflict exists and request a stay on any pending 34 proceedings. The district court shall issue a ruling on the 35 -1- LSB 2631HV (2) 91 ll/js 1/ 2 | |
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| 5 | - | H.F. 862 county sheriff | |
| 5 | + | H.F. 862 merits within thirty days and may authorize the county sheriff 1 to retain outside counsel to represent the county sheriff or 2 issue any other order in the interest of justice. All court 3 costs and expenses shall be paid by the county. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanations substance by the members of the general assembly. 7 This bill concerns the duties and responsibilities of 8 county attorneys. The bill adds engaging in the simultaneous 9 representation of the county, the board of supervisors, and 10 any other county official if a conflict of interest exists 11 between the parties and engaging in any other type of legal 12 representation if it creates a conflict of interest with 13 the county to the list of prohibited actions of a county 14 attorney. A majority of a board of supervisors may decide 15 to obtain outside counsel if a dispute exists between the 16 county attorney, the board of supervisors, or any other county 17 official. 18 If a county sheriff reasonably believes that a conflict 19 of interest exists with the county attorney and the board of 20 supervisors refuses to act, the county sheriff may, through 21 notice pleadings, petition a district court for a determination 22 of whether a conflict of interest exists and request a stay 23 on any pending proceedings. The district court shall issue 24 a ruling on the merits within 30 days and may authorize the 25 county sheriff to retain outside counsel to represent the 26 county sheriff or issue any other order in the interest of 27 justice and all court costs and expenses shall by paid by the 28 county. 29 -2- LSB 2631HV (2) 91 ll/js 2/ 2 |