Senate File 325 - Introduced SENATE FILE 325 BY LOFGREN 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 2631XS (1) 91 ll/js
S.F. 325 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. Alternatively, a board of supervisors may 29 retain outside counsel to determine if a conflict of interest 30 exists with the county attorney. If outside counsel determines 31 that a conflict of interest exists, a district court may review 32 that determination upon request by the county attorney. 33 3. If a county sheriff reasonably believes that a conflict 34 of interest exists with the county attorney and the board of 35 -1- LSB 2631XS (1) 91 ll/js 1/ 3
S.F. 325 supervisors refuses to act, the county sheriff may, through 1 notice pleadings, petition a district court for a determination 2 of whether a conflict exists and request a stay on any pending 3 proceedings. The district court shall issue a ruling on the 4 merits within thirty days and may appoint outside counsel to 5 represent the county sheriff or issue any other order in the 6 interest of justice. All court costs and expenses shall be 7 paid by the county. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill concerns the duties and responsibilities of 12 county attorneys. The bill adds engaging in the simultaneous 13 representation of the county, the board of supervisors, and 14 any other county official if a conflict of interest exists 15 between the parties and engaging in any other type of legal 16 representation if it creates a conflict of interest with 17 the county to the list of prohibited actions of a county 18 attorney. A majority of a board of supervisors may decide 19 to obtain outside counsel if a dispute exists between the 20 county attorney, the board of supervisors, or any other county 21 official. A board of supervisors may hire outside counsel to 22 decide whether a conflict exists with the county attorney. If 23 outside counsel determines a conflict of interest exists, a 24 district court may review that determination upon request by 25 the county attorney. 26 If a county sheriff reasonably believes that a conflict 27 of interest exists with the county attorney and the board of 28 supervisors refuses to act, the county sheriff may, through 29 notice pleadings, petition a district court for a determination 30 of whether a conflict of interest exists and request a stay 31 on any pending proceedings. The district court shall issue a 32 ruling on the merits within 30 days and may appoint outside 33 counsel to represent the county sheriff or issue any other 34 order in the interest of justice and all court costs and 35 -2- LSB 2631XS (1) 91 ll/js 2/ 3
S.F. 325 expenses shall by paid by the county. 1 -3- LSB 2631XS (1) 91 ll/js 3/ 3