Case Details

Issues

Attorney General Control Of Litigation, Relationship With State Agencies

Filing State

IA

Court

Iowa District Court, Polk County Criminal Division

Year

2010

Citation

Iowa v. Wheeler, Crim. No. SR235062 (Iowa Dist. Ct. Polk Cty. Crim Div., Mar. 4, 2010)

Resolution

The court found that the defendant had no attorney-client relationship with the Attorney General’s office, because the client is the Iowa Department of Economic Development, not the individual employee.

Case Description

The former director of the Iowa Film Office (an agency within the Iowa Department of Economic Development) was charged criminally with non-felonious misconduct in office. Prosecutors alleged he failed to check the eligibility of an applicant for state film tax credits. Several other criminal cases against filmmakers who received credits are pending. The defendant sought to disqualify the Attorney General’s office pursuant to Iowa’s Rules of Professional Conduct, arguing that he was an employee of the Iowa Department of Economic Development; the Department was represented by the Attorney General, and that he therefore had an attorney-client relationship with the Attorney General which precluded the Attorney General from prosecuting him.