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IA SF325
A bill for an act concerning conflicts of interest involving a county attorney.
summary
Introduced
02/17/2025
02/17/2025
In Committee
02/17/2025
02/17/2025
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 restrictions and responsibilities of county attorneys in Iowa by expanding their prohibited actions and establishing new procedures for addressing potential conflicts of interest. Specifically, the bill adds two new prohibitions for county attorneys: (1) they cannot jointly represent the county, board of supervisors, and other county officials if a conflict of interest exists between these parties, and (2) they cannot engage in any legal representation that creates a conflict of interest with the county or its officials. The bill also introduces new mechanisms for resolving such conflicts, including allowing the board of supervisors to obtain outside counsel with a majority vote when a dispute exists, and empowering a county sheriff to petition a district court for a conflict determination if the board of supervisors fails to act. If a conflict is found, the district court can appoint outside counsel, issue orders in the interest of justice, and the county will be responsible for paying all associated court costs and expenses. These changes aim to ensure more transparent and ethical legal representation for county governments by providing clear pathways to address potential conflicts of interest.
Committee Categories
Justice
Sponsors (1)
Last Action
Subcommittee recommends passage. (on 02/25/2025)
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=SF325 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF325.html |
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