SF 325 (LSB 2631XS (1) 91)

SENATE FILE 325

BY  LOFGREN

A BILL FOR

An Act concerning conflicts of interest involving a county attorney.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.755, Code 2025, is amended to read as follows:
   331.755  Prohibited actions.
   1.  A county attorney shall not:
   1.  a.  Accept a fee or reward from or on behalf of a person for services rendered in a prosecution or the conduct of official business.
   2.  b.  Engage directly or indirectly as an attorney or an agent for a party other than the state or the county in an action or proceeding arising in the county which that is based upon substantially the same facts as a prosecution or proceeding which that has been commenced or prosecuted by the county attorney in the name of the state or the county. This prohibition also applies to the members of a law firm with which the county attorney is associated.
   3.  c.  Receive assistance from another attorney who is interested in any civil action in which a recovery is asked based upon matters involved in a criminal prosecution commenced or prosecuted by the county attorney.
   d.  Jointly represent the county, the board of supervisors, or any other county official if a conflict of interest exists between the parties.
   e.  Engage in any other type of legal representation that creates a conflict of interest with the county, the board of supervisors, or any other county official.
   2.  A board of supervisors may, with a majority vote of the board, obtain outside counsel when there is a dispute between the county attorney and the board of supervisors or any other county official. Alternatively, a board of supervisors may retain outside counsel to determine if a conflict of interest exists with the county attorney. If outside counsel determines that a conflict of interest exists, a district court may review that determination upon request by the county attorney.
   3.  If a county sheriff reasonably believes that a conflict of interest exists with the county attorney and the board of supervisors refuses to act, the county sheriff may, through notice pleadings, petition a district court for a determination of whether a conflict exists and request a stay on any pending proceedings. The district court shall issue a ruling on the merits within thirty days and may appoint outside counsel to represent the county sheriff or issue any other order in the interest of justice. All court costs and expenses shall be paid by the county.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns the duties and responsibilities of county attorneys. The bill adds engaging in the simultaneous representation of the county, the board of supervisors, and any other county official if a conflict of interest exists between the parties and engaging in any other type of legal representation if it creates a conflict of interest with the county to the list of prohibited actions of a county attorney. A majority of a board of supervisors may decide to obtain outside counsel if a dispute exists between the county attorney, the board of supervisors, or any other county official. A board of supervisors may hire outside counsel to decide whether a conflict exists with the county attorney. If outside counsel determines a conflict of interest exists, a district court may review that determination upon request by the county attorney.
   If a county sheriff reasonably believes that a conflict of interest exists with the county attorney and the board of supervisors refuses to act, the county sheriff may, through notice pleadings, petition a district court for a determination of whether a conflict of interest exists and request a stay on any pending proceedings. The district court shall issue a ruling on the merits within 30 days and may appoint outside counsel to represent the county sheriff or issue any other order in the interest of justice and all court costs and expenses shall by paid by the county.