331.756 - DUTIES OF THE COUNTY ATTORNEY.

        331.756  DUTIES OF THE COUNTY ATTORNEY.         The county attorney shall:         1.  Diligently enforce or cause to be enforced in the county,      state laws and county ordinances, violations of which may be      commenced or prosecuted in the name of the state, county, or as      county attorney, except as otherwise provided.         2.  Appear for the state and the county in all cases and      proceedings in the courts of the county to which the state or the      county is a party, except actions or proceedings resulting from a      change of venue from another county, and appear in the appellate      courts in all cases in which the county is a party, and appear in all      actions or proceedings which are transferred on a change of venue to      another county or which require the impaneling of a jury from another      county and in which the county or the state is a party.         3.  Prosecute all preliminary hearings for charges triable upon      indictment.         4.  Prosecute misdemeanors under chapter 236.  The county attorney      shall prosecute other misdemeanors when not otherwise engaged in the      performance of other official duties.         5. a.  Enforce all forfeited bonds and recognizances and      prosecute all proceedings necessary for the recovery of debts,      revenues, moneys, fines, penalties, restitution of court-appointed      attorney fees ordered pursuant to section 815.9, including the      expense of a public defender, and forfeitures accruing to the state,      the county or a road district in the county, and all suits in the      county against public service corporations which are brought in the      name of the state.  To assist in this duty, the county attorney may      procure a designee to assist with collection efforts.         b.  If the designee is a professional collection services      agency, the county attorney shall file with the clerk of the district      court an indication of the satisfaction of each obligation to the      full extent of all moneys collected in satisfaction of that      obligation, including all fees and compensation retained by the      designee incident to the collection and not paid into the office of      the clerk.         c.  Before a county attorney designates another county      official or agency to assist with collection of debts, revenues,      moneys, fines, penalties, restitution of court-appointed attorney      fees ordered pursuant to section 815.9, including the expense of a      public defender, and forfeitures, the board of supervisors of the      county must approve the designation.         d.  All fines, penalties, court costs, fees, and restitution      for court-appointed attorney fees ordered pursuant to section 815.9,      including the expenses of a public defender which are delinquent as      defined in section 602.8107 may be collected by the county attorney      or the county attorney's designee.  The county attorney or the county      attorney's designee may collect delinquent obligations under an      installment agreement pursuant to section 321.210B.         e.  As used in this subsection, "designee" means a      professional collection services agency operated by a person or      organization, including a private attorney, that is generally      considered to have knowledge and special abilities not generally      possessed by the state, a local government, or another county      official or agency, or a county attorney or a county attorney's      designee in another county where the fine, penalty, surcharge, or      court cost was not imposed.         6.  Commence, prosecute, and defend all actions and proceedings in      which a county officer, in the officer's official capacity, or the      county is interested or a party.         7.  Give advice or a written opinion, without compensation, to the      board and other county officers and to school and township officers,      when requested by an officer, upon any matters in which the state,      county, school, or township is interested, or relating to the duty of      the officer in any matters in which the state, county, school, or      township may have an interest, but the county attorney shall not      appear before the board at a hearing in which the state or county is      not interested.         8.  Attend the grand jury when necessary for the purpose of      examining witnesses before it or giving it legal advice.  The county      attorney shall procure subpoenas or other process for witnesses and      prepare all informations and bills of indictment.         9.  Give a receipt to all persons from whom the county attorney      receives money in an official capacity and file a duplicate receipt      with the county auditor.         10.  Make reports relating to the duties and the administration of      the county attorney's office to the governor when requested by the      governor.         11.  Cooperate with the auditor of state to secure correction of a      financial irregularity as provided in section 11.15.         12.  Submit reports as to the condition and operation of the      county attorney's office when required by the attorney general as      provided in section 13.2, subsection 1, paragraph "h".         13.  Reserved.         14.  Hear and decide objections to a nomination filed with the      county election commissioner as provided in section 44.7.         15.  Review the report and recommendations of the ethics and      campaign disclosure board and proceed to institute the recommended      actions or advise the board that prosecution is not merited, as      provided in sections 68B.32C and 68B.32D.         16.  Prosecute or assist in the prosecution of actions to remove      public officers from office as provided in section 66.11.         17.  Institute legal proceedings against persons who violate laws      administered by the division of labor services of the department of      workforce development as provided in section 91.11.         18.  Investigate complaints and prosecute violations of child      labor laws as provided in section 92.22.         19.  Prosecute violations of employment security laws and rules as      provided in section 96.17, subsection 2.         20.  Assist, at the request of the director of revenue, in the      enforcement of cigar and tobacco tax laws as provided in sections      453A.32 and 453A.49.         21.  Prosecute nuisances as provided in section 99.24.         22.  Attend the hearing, interrogate witnesses, and advise a      license-issuing authority relating to the revocation of a license for      violation of gambling laws as provided in section 99A.7.  The county      attorney shall also represent the license-issuing authority in appeal      proceedings taken under section 99A.6.         23.  Represent the state fire marshal in legal proceedings as      provided in section 100.20.         24.  Prosecute, at the request of the director of the department      of natural resources or an officer appointed by the director,      violations of the state fish and game laws as provided in section      481A.35.         25.  Assist the department of public safety in the enforcement of      beer and liquor laws as provided in section 123.14.  The county      attorney shall also prosecute nuisances, forfeitures of abatement      bonds, and foreclosures of the bonds as provided in sections 123.62      and 123.86.         26.  Reserved.         27.  Serve as attorney for the county health care facility      administrator in matters relating to the administrator's service as a      conservator or guardian for a resident of the health care facility as      provided in section 135C.24.         28.  Reserved.         29.  At the request of the director of public health, commence      legal action to enjoin the unlawful use of radiation-emitting      equipment as provided in section 136C.5.         30.  Reserved.         31.  Prosecute violations of the Iowa veterinary practice Act as      provided in section 169.19.         32.  Assist the department of inspections and appeals in the      enforcement of the rules setting minimum standards to protect      consumers from foodborne illness adopted pursuant to section 137F.2      and the Iowa hotel sanitation code, as provided in sections 137C.30      and 137F.19.         33.  Institute legal procedures on behalf of the state to prevent      violations of chapter 9H or 202B.         34.  Prosecute violations of the Iowa dairy industry laws as      provided in section 179.11.         35.  Prosecute persons who fail to file an annual or special      report with the secretary of agriculture under the meat and poultry      inspection Act as provided in section 189A.17.         36.  Cooperate with the secretary of agriculture in the      enforcement of label requirements for food packages as provided in      section 191.7.         37.  Prosecute violations of the Iowa commercial feed law as      provided in section 198.13, subsection 3.         38.  Cooperate with the secretary of agriculture in the      enforcement of the agricultural seed laws as provided in section      199.14.         39.  Prosecute violations of the Iowa fertilizer law as provided      in section 200.18, subsection 5.         40.  Prosecute violations of the Iowa drug, device, and cosmetic      Act as requested by the board of pharmacy as provided in section      126.7.         41.  Provide the Iowa department of corrections with information      relating to the background and criminal acts committed by each person      sentenced to a state correctional institution from the county as      provided in section 904.202.         42.  Carry out duties relating to the commitment of a person with      mental retardation as provided in section 222.18.         43.  Proceed to collect, as requested by the county, the      reasonable costs for the care, treatment, training, instruction, and      support of a person with mental retardation from parents or other      persons who are legally liable for the support of the person with      mental retardation as provided in section 222.82.         44.  Reserved.         45.  Appear on behalf of the administrator of the division of      mental health and disability services of the department of human      services in support of an application to transfer a person with      mental illness who becomes incorrigible and dangerous from a state      hospital for persons with mental illness to the Iowa medical and      classification center as provided in section 226.30.         46.  Carry out duties relating to the hospitalization of persons      for mental illness as provided in section 229.12.         47.  Carry out duties relating to the collection of the costs for      the care, treatment, and support of persons with mental illness as      provided in sections 230.25 and 230.27.         48.  Carry out duties relating to the care, guidance, and control      of juveniles as provided in chapter 232.         49.  Prosecute violations of law relating to the family investment      program, medical assistance, and supplemental assistance as provided      in sections 239B.15, 249.13, and 249A.14.         50.  Commence legal proceedings to enforce the rights of children      placed under foster care arrangements as provided in section 233A.11.         51.  Commence legal proceedings, at the request of the      superintendent of the Iowa juvenile home, to recover possession of a      child as provided in section 233B.12.         52.  Furnish, upon request of the governor, a copy of the minutes      of evidence and other pertinent facts relating to an application for      a pardon, reprieve, commutation, or remission of a fine or forfeiture      as provided in section 914.5.         53.  Reserved.         54.  Commence legal proceedings to recover school funds as      provided in section 257B.33.         55.  At the request of the state geologist, commence legal      proceedings to obtain a copy of the map of a mine or mine extension      as provided in section 456.12.         56.  Enforce, upon complaint, the performance of duties by      officers charged with the responsibilities of controlling or      eradicating noxious weeds as provided in section 317.23.         57.  Commence legal proceedings to remove billboards and signs      which constitute a public nuisance as provided in section 318.11.         58.  Reserved.         59.  Assist, upon request, the department of transportation's      general counsel in the prosecution of violations of common carrier      laws and regulations as provided in section 327C.30.         60.  Enforce the control of vegetation on railroad property by the      railroad corporations as provided in section 327F.29.         61.  Appoint a member of the civil service commission for deputy      sheriffs as provided in section 341A.2 or 341A.3.         62.  Represent the civil service commission for deputy sheriffs in      civil suits initiated by the commission for the proper enforcement of      the civil service law as provided in section 341A.16.         63.  Present to the grand jury at its next session a copy of the      report filed by the department of corrections of its inspection of      the jails in the county as provided in section 356.43.         64.  Represent the township trustees in counties having a      population of less than twenty-five thousand except when the      interests of the trustees and the county are adverse as provided in      section 359.18.         64A.  Reserved.         64B.  Make a written report to the department of inspections and      appeals within fifteen days of the end of each calendar quarter of      the amount of funds which were owed to the state for indigent defense      services and which were recouped pursuant to subsection 5.         65.  Represent the assessor and the board of review in legal      proceedings relating to assessments as provided in section 441.41.         66.  Represent the state in litigation relating to the inheritance      tax if requested by the department of revenue as provided in section      450.1.         67.  Institute proceedings to enjoin persons from violating water      treatment laws as provided in section 455B.224.         68.  Conduct legal proceedings relating to the condemnation of      private property as provided in section 6B.2.         69.  Reserved.         70.  Institute legal proceedings against violations of insurance      laws as provided in section 511.7.         71.  Assist, as requested by the attorney general, with the      enforcement of the Iowa competition law as provided in section 553.7.         72.  Initiate proceedings to enforce provisions relating to the      recordation of conveyances and leases of agricultural land as      provided in section 558.44.         73.  Reserved.         74.  Bid on real estate on behalf of the county when necessary to      secure the county from loss as provided by section 569.2.         75.  Reserved.         76.  Reserved.         77.  Prosecute a complaint to establish paternity and compel      support for a child as provided in section 600B.19.         78.  Give to an accused person a copy of each report of the      findings of the criminalistics laboratory in the investigation of an      indictable criminal charge against the accused as provided in section      691.4.         79.  Notify state and local governmental agencies issuing licenses      or permits, of a person's conviction of obscenity laws relating to      minors as provided in section 728.8.         80.  In the case of appeal from the district court, furnish the      attorney general with a copy of the notice of appeal and pertinent      material from the district court proceedings as provided in section      814.8.         81.  Certify fees and mileage payable to witnesses subpoenaed by      the county attorney before the district court as provided in section      815.3.         82.  Carry out duties relating to extradition of fugitive      defendants as provided in chapter 818.         83.  Advise the director of the judicial district department of      correctional services of the facts and circumstances surrounding the      crime committed and the record and history of the defendant granted      probation as provided in section 907.8.         83A.  Carry out the duties imposed under sections 915.12 and      915.13.         83B.  Establish a child protection assistance team in accordance      with section 915.35.         84.  Bring an action in the nature of quo warranto as provided in      rule of civil procedure 1.1302.         85.  Perform other duties required by law and duties assigned      pursuant to section 331.323.  
         Section History: Early Form
         [C97, SS15, § 301; C24, 27, 31, 35, 39, § 5180; C46, 50, 54,      58, 62, 66, 71, 73, 75, 77, 79, 81, § 336.2; S81, § 331.756; 81 Acts,      ch 117, § 756; 82 Acts, ch 1021, § 10, 12(1), ch 1100, § 28, ch 1104,      § 59] 
         Section History: Recent Form
         83 Acts, ch 96, § 111, 112, 157, 159; 84 Acts, ch 1163, § 2; 84      Acts, ch 1299, § 9; 85 Acts, ch 195, § 42; 86 Acts, ch 1001, § 21; 86      Acts, ch 1112, § 11; 86 Acts, ch 1155, § 8; 86 Acts, ch 1238, § 17;      86 Acts, ch 1245, § 1117; 87 Acts, ch 30, § 18; 87 Acts, ch 98, § 4;      88 Acts, ch 1134, § 73; 89 Acts, ch 197, § 30; 90 Acts, ch 1165, §      17; 92 Acts, ch 1242, § 30, 31; 93 Acts, ch 97, § 39; 93 Acts, ch      110, § 2--4; 93 Acts, ch 142, § 12; 93 Acts, ch 163, § 32; 94 Acts,      ch 1023, §106; 94 Acts, ch 1170, §53; 94 Acts, ch 1173, §29, 30; 95      Acts, ch 49, § 9; 95 Acts, ch 143, §9; 95 Acts, ch 169, §3; 96 Acts,      ch 1034, § 31; 96 Acts, ch 1111, § 2; 96 Acts, ch 1129, § 113; 96      Acts, ch 1131, §1; 96 Acts, ch 1186, § 23; 97 Acts, ch 41, § 32; 98      Acts, ch 1090, §69, 84; 98 Acts, ch 1162, §28, 30; 2002 Acts, ch      1119, §159; 2003 Acts, ch 107, §3; 2003 Acts, ch 115, §15, 19; 2003      Acts, ch 145, §286; 2004 Acts, ch 1101, §40; 2005 Acts, ch 167, §57,      66; 2006 Acts, ch 1010, §94; 2006 Acts, ch 1097, §18; 2006 Acts, ch      1115, §33; 2006 Acts, ch 1185, §121; 2007 Acts, ch 10, §175; 2007      Acts, ch 152, §51; 2007 Acts, ch 196, §7; 2007 Acts, ch 215, §219;      2008 Acts, ch 1032, § 199; 2008 Acts, ch 1172, § 22         Referred to in § 96.11