66.1 Definitions. As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2000 Acts, ch 1148, §1
66.10 Governor to direct filing. The governor shall direct the attorney general to file a petition for removal against any public officer whenever the governor has reasonable grounds for such direction. The attorney general shall comply with such direction and prosecute the action. [S13, §1258-d, -e; C24, 27, 31, 35, 39, §1098; C46, 50, 54, […]
66.11 Duty of county attorney. The county attorney of any county in which an action is instituted under section 66.10 shall, at the request of the attorney general, appear and assist in the prosecution of such action. In all other cases instituted in that county, the county attorney shall appear and prosecute when the officer […]
66.12 Special prosecutor. When the proceeding is brought to remove the county attorney, the court may appoint an attorney to appear in behalf of the state and prosecute such proceedings. [S13, §1258-d; C24, 27, 31, 35, 39, §1100; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.12]
66.13 Application for outside judge. At any time not less than five days prior to the time the accused is required to appear, a copy of the petition may be filed by either party in the office of the clerk of the supreme court, together with an application to the supreme court for the appointment […]
66.14 Appointment of judge. It shall be the duty of the chief justice of the supreme court, upon the filing of said copy and application, or in the chief justice’s absence or inability to act, any justice thereof, to forthwith issue a written commission directing a district judge outside of such district to proceed to […]
66.15 Order by appointed judge. Upon the receipt of a commission issued pursuant to section 66.14, the judge shall immediately make an order fixing a time and place of hearing in the county in which the petition is filed. The hearing date shall be not less than ten days nor more than twenty days from […]
66.16 Filing order — effect. The order for hearing issued pursuant to section 66.15 shall be forwarded to the clerk of the district court of the county in which the hearing is to be had. The time and place for the hearing specified in the order shall supersede the time and place specified in any […]
66.17 Notice to accused. The clerk shall file the order issued pursuant to section 66.15, and forthwith give the defendant, by mail, notice of the time and place of hearing. [S13, §1258-f; C24, 27, 31, 35, 39, §1105; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.17] 2019 Acts, ch 59, […]
66.18 Nature of action — when triable. The proceeding shall be summary in its nature and shall be triable as an equitable action. [S13, §1258-g; C24, 27, 31, 35, 39, §1106; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.18] Trial of equitable action, chapter 624
66.19 Temporary officer. Upon a suspension, the board or person authorized to fill a vacancy in the office shall temporarily fill the office by appointment. In case of a suspension of a sheriff, the district court may designate an acting sheriff until a temporary sheriff is appointed. Orders of suspension and temporary appointment of county […]
66.1A Removal by court. Any appointive or elective officer, except such as may be removed only by impeachment, holding any public office in the state or in any division or municipality thereof, may be removed from office by the district court for any of the following reasons: 1. For willful or habitual neglect or refusal […]
66.2 Jurisdiction. The jurisdiction of the proceeding provided for in this chapter shall be as follows: 1. As to state officers whose offices are located at the seat of government, the district court of Polk county. 2. As to state officers whose duties are confined to a district within the state, the district court of […]
66.20 Judgment of removal. Judgment of removal, if rendered, shall be entered of record, and the vacancy forthwith filled as provided by law. [S13, §1258-h; C24, 27, 31, 35, 39, §1108; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.20] Vacancies in office, chapter 69
66.21 Hearing on appeal. In case of appeal, the supreme court shall fix the time of hearing and the filing of abstracts and arguments, and said cause shall be advanced and take precedence over all other causes upon the court calendar, and shall be heard at the next term after the appeal is taken, provided […]
66.22 Effect of appeal. The taking of an appeal by the defendant and the filing of a supersedeas bond shall not operate to stay the proceedings of the district court, or restore said defendant to office pending such appeal. [S13, §1258-i; C24, 27, 31, 35, 39, §1110; C46, 50, 54, 58, 62, 66, 71, 73, […]
66.23 Effect of dismissal. If the petition for removal is dismissed, the defendant shall be reimbursed for the reasonable and necessary expenses incurred by the defendant in making a defense, including reasonable attorney’s fees, as determined by the court. If the petition for removal is filed by the attorney general, the state shall pay the […]
66.24 Want of probable cause. If the action is instituted upon complaint of citizens, and it appears to the court that there was no reasonable cause for filing the complaint, such expense may be taxed as costs against the complaining parties. [S13, §1258-i; C24, 27, 31, 35, 39, §1112; C46, 50, 54, 58, 62, 66, […]
66.26 Appointive state officers. Any appointive state officer may also be removed from office by a majority vote of the executive council for any of the following causes: 1. Habitual or willful neglect of duty. 2. Any disability preventing a proper discharge of the duties of the office. 3. Gross partiality. 4. Oppression. 5. Extortion. […]
66.27 Subpoenas — contempt. The executive council, in any investigation held by it, may issue subpoenas for witnesses and for the production of records, books, papers, and other evidence. If a witness, duly subpoenaed, refuses to appear, or refuses to testify, or otherwise refuses to comply with said subpoena, such fact shall be certified by […]
