County Attorney

Weekly Press Release from the Hancock County Attorney's Office:
District Court --November 29, 2011
Magistrate Court -- December 5, 2011

• Bad Check Information Packet
• Child Safety Information
• Domestic Violence Information
• Mental Illness and Substance Abuse Committals
• Orders of Protection
• Process of a Criminal Case
• Victim Information

The Hancock County Attorney is the legal representative for the county. The County Attorney is elected to a four-year term to serve as the county’s legal advisor and chief law enforcement officer.

A County Attorney’s position may be full or part-time. The Hancock County Board of Supervisors made the position full-time in July 2001. A full-time county attorney may not engage in the private practice of law – their only client is Hancock County. The Board’s decision to make the position full-time was the result of careful consideration of the needs of Hancock County. The transition allowed for the elimination of the assistant county attorney position and a significant cost savings to Hancock County.

Your County Attorney is required by statute to:

• Prosecute violations of state criminal laws and county ordinances;
• Provide legal advice to the Board of Supervisors and county and township officers concerning county matters;
• Represent and defend the state, county and its officers in officially related cases;
• Recover money (debts, fines, penalties, child support, etc.) owing to the state, county or school district;
• Represent the applicants for involuntary mental health commitments;
• Represent the Department of Human Services in child in need of assistance cases;
• Represent the State of Iowa in all juvenile delinquency and truancy proceedings; and
• Register crime victims and notify victims of their statutory rights.

Your County Attorney also:

• Monitors the County’s compliance with all federal, state and local regulations;
• Assists departments in the development of policies, procedures and ordinances;
• Revises governing documents of Boards and commissions, such as the Public Health Department and Veterans’ Affairs Commission;
• Prepares documents for land transfers from the County;
• Assists in personnel issues, such as employment contracts, workers compensation, hiring decisions and termination issues;
• Conduct training for officials and employees;
• Prepare reference materials and training for the Sheriff’s Office and Jail; and
• Develop a Bad Check Policy to curtail merchant losses from bad checks.

Your County Attorney cannot:

• Give legal advice to or represent private groups or persons;
• File lawsuits for private persons or defend them against lawsuits, including actions for dissolution of marriage, custody, bankruptcy;
• Prepare wills, deeds or other legal documents for private individuals; or
• Advise a private group or person if they have a valid civil claim.

Fequently Asked Questions

Q: If I have been charged with a crime, should I get an attorney?

A: State and federal law provides the accused with the right to legal representation; however, the decision whether or not to exercise that right lies entirely with the accused. The County Attorney cannot advise an accused on such a matter.

Q: If you are the County Attorney, aren’t you my lawyer too?

A: A County Attorney represents the County itself, not its individual citizens. If a County Attorney’s position is classified as “part-time” he or she may have a private practice in which they represent private groups and individuals; however, that is not in their capacity as a county attorney. A full-time county attorney (as we have in Hancock County) has no private clients. For more details, see the section on Duties of the County Attorney.
Q: How do I get a restraining order to keep a person away from me?

A: Orders restricting a person’s ability to associate freely are limited There are two types of orders that will keep a person from having contact with another person. It is not possible to get such an Order unless the very limited circumstances listed below are met.

1. No Contact Order (NCO) is an Order issued in a criminal case for domestic abuse, harassment, stalking, sexual abuse OR any other crime that has a “victim” (person who has suffered physical, emotional or financial harm as a result of a crime committed in Iowa). Only a judge can issue a NCO, and only in connection with a criminal offense after the judge determines (1) there is probable cause to believe a public offense has occurred, and (2) the presence of or contact with defendant poses “a threat to the safety of the alleged victim,” the victim’s household members or family. It is unlikely that a NCO will be issued for burglary, theft, or property crime. Neither law enforcement nor I can issue a NCO, but we are permitted to let the judge know our opinion about whether issuance is appropriate.

2. Protective Order (PO) is a civil order entered under chapter 236, a juvenile order under chapter 232 or as part of custody/divorce under chapter 598. Law enforcement and I are not involved in the issuance of a PO. Unless it is a request under chapter 236, the victim should contact an attorney or file paperwork. The victim may request a PO under chapter 236 if the victim and perpetrator of the assault are married to or divorced from one another, have a child together or reside together now or within one year prior to the assault. The forms are available from any Clerk of Court, but it is best to file them in the County you live in. Once you fill out the forms, a judge will decide whether a temporary order should be issued, and either way will set a hearing where you will need to come in and present evidence to the Court about why you feel a PO is necessary. The perpetrator will need to attend the hearing as well, but there will be security present.

All parties to the order are bound by it. A protected party who violates a NCO or PO may be prosecuted as well. Violating a NCO or PO is a crime and also a contempt matter. If a violation occurs you should contact your local law enforcement agency, or 911 if it is an emergency. The State (law enforcement or I) determine which violation will be pursued. Generally, a violation requires mandatory arrest.

Q: What does it mean if I am told that my problem is “civil in nature.”
A: Law enforcement agencies and the Office of the County Attorney have specific statutory duties. Primarily this is the investigation and prosecution of criminal matters. For instance, if your lawn mower is stolen, the police can investigate that as a criminal matter. However, if the lawn mower is repossessed, the matter is civil in nature and you will have to pursue the return of the lawn mower through other legal avenues, such as retaining a private attorney or initiating a small claims action. The law enforcement agency or this office will not be able to assist you.