Bill Text: IA HF328 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to city attorneys and part-time county attorneys and conflicts of interest.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF328 Detail]
Download: Iowa-2013-HF328-Introduced.html
House
File
328
-
Introduced
HOUSE
FILE
328
BY
BEARINGER
,
PRICHARD
,
RUFF
,
KEARNS
,
STECKMAN
,
MURPHY
,
BERRY
,
GASKILL
,
HANSON
,
MASCHER
,
ABDUL-SAMAD
,
WOOD
,
and
KAJTAZOVIC
A
BILL
FOR
An
Act
relating
to
city
attorneys
and
part-time
county
1
attorneys
and
conflicts
of
interest.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
328
Section
1.
NEW
SECTION
.
331.752A
Part-time
attorney
——
1
conflicts
of
interest.
2
1.
On
a
form
created
and
provided
by
the
judicial
branch,
3
a
part-time
county
attorney
shall
disclose
all
conflicts
the
4
attorney
has
between
interests
or
matters
of
the
county
and
5
those
of
the
other
clients
of
the
attorney.
The
disclosure
6
shall
be
filed
on
an
annual
basis.
Upon
disclosure
of
a
7
conflict,
the
attorney
shall
withdraw
from
representation
of
8
the
county
regarding
the
matter
in
which
the
conflict
exists
9
unless
written
consent
is
received
from
the
attorney’s
client
10
and
the
board
of
supervisors
adopts
a
resolution
describing
the
11
conflict,
generally,
and
giving
consent
to
representation
on
12
the
matter.
13
2.
A
conflict
exists
when
any
of
the
following
occurs:
14
a.
The
representation
of
the
county
will
be
directly
adverse
15
to
another
client.
16
b.
There
is
significant
risk
that
the
representation
of
one
17
or
more
clients
will
be
materially
limited
by
the
attorney’s
18
responsibilities
to
the
county,
any
other
client,
a
former
19
client,
or
a
third
person
or
by
a
personal
interest
of
the
20
attorney.
21
3.
For
purposes
of
this
section,
“personal
interest
of
the
22
attorney”
includes
service
by
the
attorney
on
the
board
of
an
23
organization
or
entity.
24
Sec.
2.
NEW
SECTION
.
364.26
City
attorney
——
conflicts
of
25
interest.
26
1.
On
a
form
created
and
provided
by
the
judicial
branch,
an
27
attorney
representing
a
city
shall
disclose
all
conflicts
the
28
attorney
has
between
interests
or
matters
of
the
city
and
those
29
of
the
other
clients
of
the
attorney.
The
disclosure
shall
30
be
filed
on
an
annual
basis.
Upon
disclosure
of
a
conflict,
31
the
attorney
shall
withdraw
from
representation
of
the
city
32
regarding
the
matter
in
which
the
conflict
exists
unless
33
written
consent
is
received
from
the
attorney’s
client
and
34
the
city
council
adopts
a
resolution
describing
the
conflict,
35
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328
generally,
and
giving
consent
to
representation
on
the
matter.
1
2.
A
conflict
exists
when
any
of
the
following
occurs:
2
a.
The
representation
of
the
city
will
be
directly
adverse
3
to
another
client.
4
b.
There
is
significant
risk
that
the
representation
of
one
5
or
more
clients
will
be
materially
limited
by
the
attorney’s
6
responsibilities
to
the
city,
any
other
client,
a
former
7
client,
or
a
third
person
or
by
a
personal
interest
of
the
8
attorney.
9
3.
For
purposes
of
this
section,
“personal
interest
of
the
10
attorney”
includes
service
by
the
attorney
on
the
board
of
an
11
organization
or
entity.
12
EXPLANATION
13
This
bill
relates
to
city
attorneys
and
part-time
county
14
attorneys
and
conflicts
of
interest.
15
The
bill
requires
an
attorney
representing
a
city
or
a
16
part-time
county
attorney
to
disclose
all
conflicts
the
17
attorney
has
between
the
interests
or
matters
of
the
city
18
or
county,
as
applicable,
and
those
of
other
clients
of
the
19
attorney.
The
bill
requires
the
disclosure
on
an
annual
basis
20
on
forms
created
and
provided
by
the
judicial
branch.
The
bill
21
requires
a
city
attorney
or
a
part-time
county
attorney
with
22
a
conflict
of
interest
to
withdraw
from
representation
of
the
23
city
or
county,
as
applicable,
regarding
the
matter
in
which
24
the
conflict
exists
unless
written
consent
is
received
from
25
the
attorney’s
client
and
the
city
council
or
county
board
of
26
supervisors,
as
applicable,
adopts
a
resolution
describing
the
27
conflict
and
giving
consent
to
representation
on
the
matter.
28
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