Don’t politicize prosecutions in Iowa

Changes proposed for the Iowa Attorney General’s Office as part of a massive government reorganization bill would be bad news for the principle of local control and for consumers affected by Iowa Utilities Board decisions. The measures should not become law.

One provision of the bill states, “The attorney general may prosecute a criminal proceeding on behalf of the state even if a county attorney does not request the attorney general to act as a county attorney.”

The Attorney General’s Office insists state law already allows the attorney general to handle local cases without the county attorney’s request and calls this clarifying language. But it’s unclear why lawmakers felt the need to emphasize this point in the reorganization bill. It seems obvious that legislators believe new Republican Attorney General Brenna Bird should take a more active role in local prosecutions.

That’s a troubling break with the long tradition instituted by former Attorney General Tom Miller, who stepped into local cases only when requested. We understand Bird’s election brings changes, but deferring to locally elected prosecutors was a prudent course we think Bird should follow.

Otherwise, we may see our system of justice devolve into a politicized battle between Bird and local county attorneys, likely in majority Democratic counties. Where once existed a beneficial partnership, the state could become a bully wielding power against local county attorneys.

The principle of local control, once lauded by Republicans, has been shredded during their years of Statehouse control. This would be yet another tear in the rights of local voters who elect officials to make local decisions.

The reorganization bill also gives the attorney general “exclusive jurisdiction” over all election-related crimes. We’re puzzled as to why the attorney general would want jurisdiction over election law violations that are often minor offenses. Again, we see the distinct possibility of these cases being politicized by a Republican attorney general seeking to provide justification for voting restrictions.

Also under the reorganization bill, the once independent Office of Consumer Advocate would be placed under direct control of the attorney general. The consumer advocate represents consumers in cases the come before the Iowa Utilities Board, including allowing carbon capture pipelines to seize land through eminent domain for their projects.

Under current law, the advocate serves a fixed term shielded from political influence. Under the bill, the advocate would serve “at the pleasure of the attorney general.” The advocate would no longer be required to be a “competent attorney,” blunting the advocate’s ability to represent consumers in court. Attorneys and support staff on the OCA would be picked by the attorney general.”

These clarifications and changes add up to an unnecessary power grab that could harm Iowans. Reorganization should improve government, not make it less accountable and accessible.

(319) 398-8262; editorial@thegazette.com

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