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Senate File 2288

Partial Bill History

Bill Text

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 acting
  1 25 county attorney has the same authority and is subject to the
  1 26 same 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 24    2.  6.  The A 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
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