Motion to disqualify attorney general’s office in film tax case denied

DES MOINES – A judge has denied the request of former Iowa Film Office manager Thomas Wheeler to disqualify the Iowa Attorney General's Office from prosecuting his case.

Wheeler is facing a charge of non-felonious misconduct in office. Prosecutors allege he failed to the check the eligibility of an applicant for state film tax credits.

Six state employees have lost their jobs or resigned after problems in the state's film tax credit program came to light, and two filmmakers are facing theft charges for allegedly obtaining $1.85 million in tax credits for their movie by fraudulent means.

Wheeler claimed the attorney general's office had a conflict of interest by prosecuting him and defending the state in a lawsuit related to the state's film tax credit program.

Wheeler's lawyer also argued that the attorney general's office provides legal services to the Iowa Department of Economic Development, which oversees the film office where Wheeler worked.

His attorney argued that a member of the attorney general's office may be called as a witness in the case.

District Associate Judge Gregory D. Brandt disagreed with the claims argued by Wheeler's attorney.

He found that Wheeler did not have a prior attorney-client relationship with the attorney general's office, and that at this time it is only speculation that an attorney within the attorney general's office will be called to testify.

“Mr. Wheeler contends that the only reason that this case is being brought is to gain an advantage in the civil matters presently pending,” Brandt wrote in his ruling. “If that is in fact the case then Mr. Wheeler should pursue the appropriate channels set up by the Iowa Supreme Court to address ethical violations, but under the present record there is no evidence that would support that assertion.”

Wheeler also sought to have the Polk County Attorney's Office disqualified from serving in the case, which Brandt denied.