House File 642 - Introduced
HOUSE FILE
BY SORENSON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to full=time county attorneys and the practice of
2 law.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2532HH 83
5 jm/nh/5
PAG LIN
1 1 Section 1. Section 236.3B, Code 2009, is amended to read
1 2 as follows:
1 3 236.3B ASSISTANCE BY COUNTY ATTORNEY.
1 4 A county attorney's office may provide assistance to a
1 5 person wishing to initiate proceedings pursuant to this
1 6 chapter or to a plaintiff at any stage of a proceeding under
1 7 this chapter, if the individual does not have sufficient funds
1 8 to pay for legal assistance and if the assistance does not
1 9 create a conflict of interest for the county attorney's
1 10 office. The assistance provided may include, but is not
1 11 limited to, assistance in obtaining or completing forms,
1 12 filing a petition or other necessary pleading, presenting
1 13 evidence to the court, and enforcing the orders of the court
1 14 entered pursuant to this chapter. Providing assistance
1 15 pursuant to this section shall not be considered the private
1 16 practice of law for the purposes of section 331.752.
1 17 Sec. 2. Section 331.752, subsection 1, Code 2009, is
1 18 amended to read as follows:
1 19 1. The board may provide that the county attorney is a
1 20 full=time or part=time county officer in the manner provided
1 21 in this section. A full=time county attorney shall otherwise
1 22 refrain from the private practice of law for monetary
1 23 remuneration.
1 24 EXPLANATION
1 25 This bill relates to full=time county attorneys. The bill
1 26 prohibits a full=time county attorney from the practice of law
1 27 for monetary gain, other than as a full=time county attorney.
1 28 Currently, a county attorney is prohibited from the private
1 29 practice of law.
1 30 LSB 2532HH 83
1 31 jm/nh/5