House File 862 - Reprinted HOUSE FILE 862 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 414) (As Amended and Passed by the House March 26, 2025 ) A BILL FOR An Act concerning conflicts of interest involving a county 1 attorney, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 862 (3) 91 ll/js/md
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 2. A board of supervisors may, with a majority vote of 20 the board, obtain outside counsel to represent the board of 21 supervisors or any other county official. 22 3. If a county sheriff reasonably believes that a conflict 23 of interest exists between the county attorney and the county 24 sheriff, and if the board of supervisors refuses to obtain 25 outside counsel for the county sheriff, the county sheriff 26 may, through notice pleadings, petition a district court for a 27 determination of whether a conflict exists and request a stay 28 on any pending proceedings. The district court shall issue 29 a ruling on the merits within thirty days and may authorize 30 the county sheriff to retain outside counsel to represent the 31 county sheriff or issue any other order in the interest of 32 justice. All court costs and expenses shall be paid by the 33 county unless the district court finds that a conflict of 34 interest does not exist between the county attorney and the 35 -1- HF 862 (3) 91 ll/js/md 1/ 2
H.F. 862 county sheriff, in which case all court costs and expenses 1 shall be paid by the office of the county sheriff. 2 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 3 importance, takes effect upon enactment. 4 -2- HF 862 (3) 91 ll/js/md 2/ 2