Bill
Bill > HF414
IA HF414
A bill for an act concerning conflicts of interest involving a county attorney.(See HF 862.)
summary
Introduced
02/13/2025
02/13/2025
In Committee
02/13/2025
02/13/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill concerns the duties and responsibilities of county attorneys. The bill adds engaging in the simultaneous representation of the county, the board of supervisors, and any other county official if a conflict of interest exists between the parties and engaging in any other type of legal representation if it creates a conflict of interest with the county to the list of prohibited actions of a county attorney. A majority of a board of supervisors may decide to obtain outside counsel if a dispute exists between the county attorney, the board of supervisors, or any other county official. A board of supervisors may hire outside counsel to decide whether a conflict exists with the county attorney. If outside counsel determines a conflict of interest exists, a district court may review that determination upon request by the county attorney. If a county sheriff reasonably believes that a conflict of interest exists with the county attorney and the board of supervisors refuses to act, the county sheriff may, through notice pleadings, petition a district court for a determination of whether a conflict of interest exists and request a stay on any pending proceedings. The district court shall issue a ruling on the merits within 30 days and may appoint outside counsel to represent the county sheriff or issue any other order in the interest of justice and all court costs and expenses shall by paid by the county.
AI Summary
This bill modifies the legal responsibilities and restrictions for county attorneys in Iowa by expanding the list of prohibited actions. Specifically, the bill now prohibits county attorneys from simultaneously representing the county, board of supervisors, and other county officials when a conflict of interest exists, and from engaging in any legal representation that creates a conflict with the county. The bill provides a new mechanism for addressing potential conflicts of interest, allowing the board of supervisors to obtain outside counsel with a majority vote when a dispute exists. Additionally, if a county sheriff believes a conflict of interest exists and the board of supervisors does not act, the sheriff can petition a district court to determine the conflict, with the court required to issue a ruling within 30 days and potentially appointing outside counsel. The county will be responsible for paying all associated court costs and expenses. These changes aim to ensure more transparent and ethical legal representation at the county level by establishing clearer guidelines for identifying and resolving potential conflicts of interest.
Committee Categories
Justice
Sponsors (1)
Last Action
Withdrawn. H.J. 871. (on 03/31/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF414 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF414.html |
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