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A few passing clouds. Low 34F. Winds SSE at 15 to 25 mph..
A few passing clouds. Low 34F. Winds SSE at 15 to 25 mph.
Updated: March 14, 2023 @ 6:25 pm
A few passing clouds. Low 34F. Winds SSE at 15 to 25 mph..
A few passing clouds. Low 34F. Winds SSE at 15 to 25 mph.
Updated: March 14, 2023 @ 6:25 pm
Fremont County Courthouse
Fremont County Courthouse
(Sidney) — KMAland county attorneys are raising some red flags over proposals included in Governor Kim Reynold’s expansive government reorganization proposal.
Last week, the Iowa Senate, by a 34-15 vote, approved an over 1,500-page bill with little changes which, among other things, would consolidate the state’s current 37 executive cabinet agencies to 16. One amendment was adopted, which scrapped a provision that would have lowered the Senate approval threshold for gubernatorial appointees from 33 votes to 30. However, also included in the bill are provisions regarding the Iowa Attorney General’s Office, including the ability to intervene in any criminal proceeding on behalf of the state, regardless of whether the local county attorney asks for assistance. Fremont County Attorney Peter Johnson tells KMA News he feels the proposal gives too much power to the attorney general’s office to alter criminal proceedings.
“Whether that’s maybe something I decide not to prosecute the attorney general could come in and say ‘no, we want to prosecute,’ or vice versa,” said Johnson. “If I or our officers here in Fremont County identify a crime that’s been committed and I want to go forward and bring charges, it appears that this statute enables the attorney general to step in and potentially dismiss those charges as well.”
The law also gives the attorney general’s office exclusive jurisdiction over election-related crimes. However, Johnson, who ran as a Democrat in November’s general election, does appreciate current state law that allows the state office to assist with a county attorney’s request — particularly in his situation in a rural county with somewhat limited resources.
“If I had a major event or crime that we were prosecuting that demanded a lot of resources, that is an instance for that,” he said. “And we have several times in the past relied on the attorney general office to prosecute some of our higher profile or more complicated crimes where the ability to prosecute exceeds our capacity at the office.”
While the attorney general’s office has assured they will “respect the discretion” of county attorneys, Johnson questions how long that pledge would last and fears this could be the first step in “politicizing” the office and straining the relationship between county attorneys and the attorney general.
“Will the political party of the county attorney or the political party of the attorney general start playing a role in how crimes are prosecuted in the state,” Johnson questioned. “Because up until now, county attorneys and AGs of both parties have worked together collaboratively on different issues.”
Additionally, the bill includes a provision that would bring the currently independent Office of the Consumer Advocate under the attorney general’s office. Johnson says the move is one of several in the bill that he considers an unprecedented consolidation of power in Des Moines without consulting the individuals impacted by the legislation.
“Not only did it catch me and other county attorneys by surprise, but it caught probation officers, judges, and other entities and individuals by surprise as well,” said Johnson. “What that leads me to believe is that stakeholders here in Iowa — the people who work on the ground with Iowans every day on these issues — weren’t consulted before this bill was proposed.”
In a statement to KMA News, while unsure of why the proposal was made, Page County Attorney Carl Sonksen also raised concerns over the necessity of the attorney general’s office “essentially expanding by way of the bill” into taking cases without the request of the local county attorney. On top of working with the attorney general’s office, Sonksen stated they have also worked with surrounding county attorneys on infrequent conflict cases. The bill is currently working through the House Appropriations Committee.
At KMA, we attempt to be accurate in our reporting. If you see a typo or mistake in a story, please contact us by emailing kmaradio@kmaland.com.
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