Text: SF02287 Text: SF02289 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2288 1 2 1 3 AN ACT 1 4 RELATING TO THE APPOINTMENT OF AN ACTING OR A TEMPORARY 1 5 COUNTY ATTORNEY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 331.754, Code 2001, is amended to read 1 10 as follows: 1 11 331.754 ABSENCE OR DISQUALIFICATION OF COUNTY ATTORNEY AND 1 12 ASSISTANTS. 1 13 1. In case of absence, sickness, or disability of the 1 14 county attorney and the assistant county attorneys, the board 1 15 of supervisors may appoint an attorney to act as county 1 16 attorney. Upon application of the county attorney or the 1 17 attorney general, the chief judge or the chief judge's 1 18 designee may appoint an attorney to act temporarily as county 1 19 attorney until the board has had sufficient time to appoint an 1 20 acting county attorney. As an alternative, upon the 1 21 application of the county attorney or the attorney general, 1 22 the chief judge or the chief judge's designee may appoint the 1 23 attorney general to temporarily act as county attorney if the 1 24 attorney general consents to the appointment.The acting1 25county attorney has the same authority and is subject to the1 26same responsibilities as a county attorney.1 27 2. If the county attorney and all assistant county 1 28 attorneys are disqualified because of a conflict of interest 1 29 from performing duties and conducting official business in a 1 30 juvenile, criminal, contempt, or commitment proceeding which 1 31 requires the attention of the county attorney, the chief judge 1 32 or the chief judge's designee, upon application by the county 1 33 attorney or the attorney general certifying that there is a 1 34 bona fide reason for the disqualification based upon a 1 35 principal of law or court rule, may appoint an attorney to act 2 1 as county attorney in the proceeding. As an alternative, upon 2 2 application of the county attorney or attorney general 2 3 certifying that there is a bona fide reason for the 2 4 disqualification, the chief judge or the chief judge's 2 5 designee may appoint the attorney general to act as county 2 6 attorney in the proceeding if the attorney general consents to 2 7 the appointment. If the attorney general does not consent to 2 8 the appointment, the chief judge or the chief judge's designee 2 9 may appoint an attorney designated by the attorney general. 2 10 3. Upon any application of the attorney general pursuant 2 11 to subsection 1 or 2, the county attorney shall be given 2 12 notice and shall be provided an opportunity to file an 2 13 objection prior to the appointment of any attorney. This 2 14 subsection shall not apply if giving notice would jeopardize a 2 15 criminal investigation. 2 16 4. The board may appoint an attorney to act as county 2 17 attorney in a civil proceeding if the county attorney and all 2 18 assistant county attorneys are disqualified because of a 2 19 conflict of interest from performing duties and conducting 2 20 official business. 2 21 5. A temporary or acting county attorney has the same 2 22 authority and is subject to the same responsibilities as a 2 23 county attorney. 2 242.6.TheA temporary or acting county attorney shall 2 25 receive a reasonable compensation as determined by the board 2 26 for services rendered in proceedings before a judicial 2 27 magistrate or rendered on behalf of a county officer or 2 28 employee. If the proceedings are held before a district 2 29 associate judge or a district judge, the judge shall determine 2 30 a reasonable compensation for the temporary or acting county 2 31 attorney. If the proceedings are held before an associate 2 32 juvenile judge or a judicial hospitalization referee, the 2 33 temporary or acting county attorney shall be compensated at a 2 34 rate approved by the judge who appointed the associate 2 35 juvenile judge or referee. The compensation shall be paid 3 1 from funds to be appropriated to the office of county attorney 3 2 by the board. 3 3 7. Notwithstanding subsections 1 through 6, upon request 3 4 by a county attorney, the attorney general or an assistant 3 5 attorney general may act as county attorney in a criminal 3 6 proceeding, on behalf of the state, without appointment by the 3 7 board, the chief judge, or the chief judge's designee. 3 8 3 9 3 10 3 11 MARY E. KRAMER 3 12 President of the Senate 3 13 3 14 3 15 3 16 BRENT SIEGRIST 3 17 Speaker of the House 3 18 3 19 I hereby certify that this bill originated in the Senate and 3 20 is known as Senate File 2288, Seventy-ninth General Assembly. 3 21 3 22 3 23 3 24 MICHAEL E. MARSHALL 3 25 Secretary of the Senate 3 26 Approved , 2002 3 27 3 28 3 29 3 30 THOMAS J. VILSACK 3 31 Governor
Text: SF02287 Text: SF02289 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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