House File 2013 - Introduced HOUSE FILE 2013 BY MEGGERS A BILL FOR An Act relating to county attorneys, including workplace 1 requirements, prohibited actions, and duties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5041YH (2) 91 ms/js

H.F. 2013 Section 1. Section 331.752, Code 2026, is amended to read 1 as follows: 2 331.752 Full-time or part-time attorney. 3 1. The board may provide that the county attorney is a 4 full-time or part-time county officer in the manner provided in 5 this section . A full-time The county attorney shall refrain 6 from the private practice of law. The county attorney shall 7 work in the office provided by the county. 8 2. The board may provide, by resolution, that the county 9 attorney shall be a full-time county officer. The resolution 10 shall include an effective date which shall not be less than 11 sixty days from the date of adoption. However, if the county 12 attorney or county attorney-elect objects to the full-time 13 status, the effective date of the change to a full-time status 14 shall be delayed until January 1 of the year following the next 15 general election at which a county attorney is elected. The 16 board shall not adopt a resolution changing the status of the 17 county attorney between March 1 and the date of the general 18 election of the year in which the county attorney is regularly 19 elected as provided in section 39.17 . 20 3. The board may change the status of a full-time county 21 attorney to a part-time county attorney by following the same 22 procedures as provided in subsection 2 . If the incumbent 23 county attorney objects to the change in status, the change 24 shall be delayed until January 1 following the next election of 25 a county attorney. 26 4. A resolution changing the full-time or part-time status 27 of a county attorney may take effect at any time before the 28 sixty days expire upon agreement of the board of supervisors 29 and the affected county attorney or county attorney-elect. 30 5. The resolution changing the status of a county attorney 31 shall state the initial annual salary to be paid to the county 32 attorney when the full-time or part-time status is effective. 33 The annual salary specified in the resolution shall remain 34 effective until changed as provided in section 331.907 . Except 35 -1- LSB 5041YH (2) 91 ms/js 1/ 2

H.F. 2013 in counties having a population of more than two hundred 1 thousand, the annual salary of a full-time county attorney 2 shall be an amount which is between forty-five percent and one 3 hundred percent of the annual salary received by a district 4 court judge. 5 Sec. 2. Section 331.755, subsection 1, Code 2026, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. Dismiss more than twenty-five percent of 8 cases filed and brought for prosecution. 9 Sec. 3. Section 331.756, Code 2026, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 25. Publish in a newspaper of general 12 circulation in the county the following information for each 13 case dismissed: 14 a. All charges filed for the case prior to dismissal. 15 b. Why the case was dismissed. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to county attorneys, including workplace 20 requirements, prohibited actions, and duties. 21 Under current law, a county attorney may be full-time or 22 part-time. The bill requires all county attorneys be full-time 23 and specifies that the county attorney must work in the office 24 provided by the county. 25 The bill prohibits the county attorney from dismissing more 26 than 25 percent of cases filed and brought for prosecution. In 27 addition, the bill requires the county attorney to publish in a 28 newspaper of general circulation in the county the following 29 information for each case dismissed: (1) all charges filed 30 for the case prior to dismissal; and (2) why the case was 31 dismissed. 32 -2- LSB 5041YH (2) 91 ms/js 2/ 2