House
File
862
-
Reprinted
HOUSE
FILE
862
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
414)
(As
Amended
and
Passed
by
the
House
March
26,
2025
)
A
BILL
FOR
An
Act
concerning
conflicts
of
interest
involving
a
county
1
attorney,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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862
Section
1.
Section
331.755,
Code
2025,
is
amended
to
read
1
as
follows:
2
331.755
Prohibited
actions.
3
1.
A
county
attorney
shall
not:
4
1.
a.
Accept
a
fee
or
reward
from
or
on
behalf
of
a
person
5
for
services
rendered
in
a
prosecution
or
the
conduct
of
6
official
business.
7
2.
b.
Engage
directly
or
indirectly
as
an
attorney
or
8
an
agent
for
a
party
other
than
the
state
or
the
county
in
9
an
action
or
proceeding
arising
in
the
county
which
that
is
10
based
upon
substantially
the
same
facts
as
a
prosecution
or
11
proceeding
which
that
has
been
commenced
or
prosecuted
by
the
12
county
attorney
in
the
name
of
the
state
or
the
county.
This
13
prohibition
also
applies
to
the
members
of
a
law
firm
with
14
which
the
county
attorney
is
associated.
15
3.
c.
Receive
assistance
from
another
attorney
who
is
16
interested
in
any
civil
action
in
which
a
recovery
is
asked
17
based
upon
matters
involved
in
a
criminal
prosecution
commenced
18
or
prosecuted
by
the
county
attorney.
19
2.
A
board
of
supervisors
may,
with
a
majority
vote
of
20
the
board,
obtain
outside
counsel
to
represent
the
board
of
21
supervisors
or
any
other
county
official.
22
3.
If
a
county
sheriff
reasonably
believes
that
a
conflict
23
of
interest
exists
between
the
county
attorney
and
the
county
24
sheriff,
and
if
the
board
of
supervisors
refuses
to
obtain
25
outside
counsel
for
the
county
sheriff,
the
county
sheriff
26
may,
through
notice
pleadings,
petition
a
district
court
for
a
27
determination
of
whether
a
conflict
exists
and
request
a
stay
28
on
any
pending
proceedings.
The
district
court
shall
issue
29
a
ruling
on
the
merits
within
thirty
days
and
may
authorize
30
the
county
sheriff
to
retain
outside
counsel
to
represent
the
31
county
sheriff
or
issue
any
other
order
in
the
interest
of
32
justice.
All
court
costs
and
expenses
shall
be
paid
by
the
33
county
unless
the
district
court
finds
that
a
conflict
of
34
interest
does
not
exist
between
the
county
attorney
and
the
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H.F.
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county
sheriff,
in
which
case
all
court
costs
and
expenses
1
shall
be
paid
by
the
office
of
the
county
sheriff.
2
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
3
importance,
takes
effect
upon
enactment.
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