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Do not allow AG to intervene at will
Gene Kopecky
Mar. 4, 2023 6:00 am
I read with great interest the proposed changes in the state government reorganization plan regarding the Attorney General having jurisdiction over the county attorney.
As a former county attorney in Linn County, I had personal experience with Richard Turner, then the attorney general. He attempted to takeover an investigation in Linn County in 1976. As county attorney, I objected to his participation. The attorney general refused to withdraw from the case. I filed a petition asking the court to require him to withdraw. After hearing, the court found that the attorney general did not have jurisdiction in Linn County without the county attorney’s consent. The attorney general tried to appeal that ruling, but the Supreme Court did not accept his petition. So, at least in Linn County, and I think throughout the state, precedent was set and has been followed for more than 40 years.
This precedent is necessary to allow the county attorney to properly perform their duties. Otherwise, the attorney general will be giving orders to each county attorney telling them how to operate their office. They will be telling them which witnesses to subpoena and how to try the case. This provision is not workable. The prosecution of crimes will become less reliable and more complicated.
This portion of the reorganization law must be eliminated. I encourage each legislator to vote no regarding this item.
Gene Kopecky
Cedar Rapids
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