Text: HF00217 Text: HF00219 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.754, Code 2001, is amended to read 1 2 as follows: 1 3 331.754 ABSENCE OR DISQUALIFICATION OF COUNTY ATTORNEY AND 1 4 ASSISTANTS. 1 5 1. In case of absence, sickness, or disability of the 1 6 county attorney and the assistant county attorneys, the board 1 7 of supervisors may appoint an attorney to act as county 1 8 attorney. If the need for an appointment occurs, a district 1 9 judge may appoint an attorney to act temporarily as county 1 10 attorney until the board has had sufficient time to appoint an 1 11 acting attorney. As an alternative, a district judge may 1 12 appoint the attorney general to act temporarily as county 1 13 attorney, if the attorney general consents to the appointment. 1 14The acting county attorney has the same authority and is1 15subject to the same responsibilities as a county attorney.1 16 2. If the county attorney and all assistant county 1 17 attorneys are disqualified because of a conflict of interest 1 18 from performing duties and conducting official business in a 1 19 juvenile, criminal, or commitment proceeding which requires 1 20 the attention of the county attorney, a district judge may 1 21 appoint an attorney to act as county attorney in the 1 22 proceeding. As an alternative, a district judge may appoint 1 23 the attorney general to act as county attorney if the attorney 1 24 general consents to the appointment. 1 25 3. If the county attorney and all assistant county 1 26 attorneys are disqualified because of a conflict of interest 1 27 from performing duties or conducting official business in a 1 28 civil proceeding, the board of supervisors may appoint an 1 29 attorney to act as county attorney. 1 30 4. A temporary or acting county attorney has the same 1 31 authority and is subject to the same responsibilities as a 1 32 county attorney. 1 332.5.TheA temporary or acting county attorney shall 1 34 receive a reasonable compensation as determined by the board 1 35 for services rendered in proceedings before a judicial 2 1 magistrate or rendered on behalf of a county officer or 2 2 employee. If the proceedings are held before a district 2 3 associate judge or a district judge, the judge shall determine 2 4 a reasonable compensation for the temporary or acting county 2 5 attorney. If the proceedings are held before an associate 2 6 juvenile judge or a judicial hospitalization referee, the 2 7 temporary or acting county attorney shall be compensated at a 2 8 rate approved by the judge who appointed the associate 2 9 juvenile judge or referee. The compensation shall be paid 2 10 from funds to be appropriated to the office of county attorney 2 11 by the board. 2 12 EXPLANATION 2 13 This bill relates to the appointment of an acting or a 2 14 temporary county attorney. 2 15 Under current law, the county board of supervisors may 2 16 appoint an acting county attorney if the county attorney and 2 17 assistant county attorneys are unable to carry out the 2 18 official duties of office because of absence, sickness, or 2 19 disability. The bill provides that a district judge may 2 20 appoint an attorney or the attorney general to act temporarily 2 21 as county attorney until the county board of supervisors has 2 22 had sufficient time to appoint an acting county attorney. The 2 23 bill provides that the attorney general must consent to being 2 24 appointed by the court. 2 25 The bill also provides that if the county attorney and 2 26 assistant county attorneys are disqualified in a juvenile, 2 27 criminal, or commitment proceeding because of a conflict of 2 28 interest, a district judge may appoint an attorney to act as 2 29 county attorney in the proceeding. The court in the 2 30 alternative may appoint the attorney general to act as county 2 31 attorney, if the attorney general consents to the appointment. 2 32 The bill further provides that if the county attorney and 2 33 assistant county attorneys are disqualified in a civil 2 34 proceeding because of a conflict of interest, the county board 2 35 of supervisors is responsible for appointing an attorney to 3 1 act as county attorney. 3 2 LSB 1123HV 79 3 3 jm/pj/5
Text: HF00217 Text: HF00219 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00200/HF00218/010207.html
jhf