Read the full stored bill text
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:
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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
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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
explanation’s
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
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expenses
shall
by
paid
by
the
county.
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