Iowa Code

Iowa Code § 13.2 (2026)

Duties

✓ current as of July 2026

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1. It shall be the duty of the attorney general, except as otherwise provided by law to: a. Prosecute and defend all causes in the appellate courts in which the state is a party or interested. b. Prosecute and defend in any other court or tribunal, all actions and proceedings, civil or criminal, in which the state may be a party or interested, when, in the attorney general’s judgment, the interest of the state requires such action, or when requested to do so by the governor, executive council, or general assembly. 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 in a proceeding under section 331.754, subsection 7. c. Prosecute and defend all actions and proceedings brought by or against any state officer in the officer’s official capacity. d. Prosecute and defend all actions and proceedings brought by or against any employee

Tue Dec 09 22:33:18 2025 Iowa Code 2026, Chapter 13 (57, 0) §13.2, ATTORNEY GENERAL 2\n\nof a judicial district department of correctional services in the performance of an assessment of risk. e. Give an opinion in writing, when requested, upon all questions of law submitted by the general assembly or by either house thereof, or by any state officer, elective or appointive. Questions submitted by state officers must be of a public nature and relate to the duties of such officer. f. Prepare drafts for contracts, forms, and other writings which may be required for the use of the state. g. Supervise county attorneys in all matters pertaining to the duties of their offices, and from time to time to require of them reports as to the condition of public business entrusted to their charge. h. Promptly account, to the treasurer of state, for all state funds received by the attorney general. i. Keep in proper books a record of all official opinions, and a register of all actions, prosecuted and defended by the attorney general, and of all proceedings had in relation thereto, which books shall be delivered to the attorney general’s successor. j. Perform all other duties required by law. k. Inform prosecuting attorneys and assistant prosecuting attorneys to the state of all changes in law and matters pertaining to their office and establish programs for the continuing education of prosecuting attorneys and assistant prosecuting attorneys. The attorney general may accept funds, grants and gifts from any public or private source which shall be used to defray the expenses incident to implementing duties under this paragraph. l. Establish and administer, in cooperation with the law schools of Drake university and the state university of Iowa, a prosecutor intern program incorporating the essential elements of the pilot program denominated “law student intern program in prosecutors’ office” funded by the Iowa crime commission and participating counties. The attorney general shall consult with an advisory committee including representatives of each participating law school and the Iowa county attorneys association, inc. concerning development, administration, and critique of this program. The attorney general shall report on the program’s operation annually to the general assembly and the supreme court. m. Develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of domestic abuse cases under chapters 236 and 708. n. Develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse of a vulnerable elder under chapter 235F. o. Submit a report by January 15 of each year to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system, to the executive council, and to the legislative services agency detailing all money settlement awards and court money awards that were awarded to the state of Iowa. The report shall specify the parties to each settlement or court proceeding, any court of jurisdiction, the settlement amount, the state’s share of the settlement amount, the name of the fund in which the receipts were deposited, and the planned use of the moneys. p. Develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse, older individual assault, theft against an older individual, consumer frauds committed against an older individual, and financial exploitation of an older individual under sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25. q. Enforce the prohibitions on guaranteed income programs as described in section 331.301, subsection 24, and section 364.3, subsection 18. 2. Executing the duties of this section shall not be deemed a violation of section 68B.6. [R60, §124 – 127, 130, 131; C73, §150 – 153; C97, §208 – 210; S13, §208-a; C24, 27, 31, 35, 39, §149; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §13.2] 95 Acts, ch 180, §1; 99 Acts, ch 112, §1; 2004 Acts, ch 1091, §1; 2008 Acts, ch 1032, §121; 2009 Acts, ch 119, §32; 2014 Acts, ch 1107, §9; 2014 Acts, ch 1138, §17; 2015 Acts, ch 30, §6; 2018 Acts, ch 1168, §18; 2022 Acts, ch 1132, §9; 2023 Acts, ch 19, §2047, 2073; 2024 Acts, ch 1109, §1, 4 Referred to in §331.756(12)\n\nTue Dec 09 22:33:18 2025 Iowa Code 2026, Chapter 13 (57, 0) 3 ATTORNEY GENERAL, §13.7

Notes of Decisions

Cited in 17 cases (6 in the last 5 years), 1973–2026 · leading case: Koehler v. Iowa Coll. Student Aid Comm'n (In Re Koehler), 204 B.R. 210 (Bankr. D. Minn. 1997).

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Koehler v. Iowa Coll. Student Aid Comm'n (In Re Koehler), 204 B.R. 210 (Bankr. D. Minn. 1997). · cites it 2× “” Iowa Code § 13.2 (2) (1996). Section 13.2 thus authorizes the Attorney General to bring suit in federal court whenever the state's interests are at stake.”

State v. Ohnmacht, 342 N.W.2d 838 (Iowa 1983). “Iowa Code §§ 13.2 (1) and (2) (1983) (emphasis added).”

Bowers v. Nat'l Collegiate Athletic Ass'n, 475 F.3d 524 (3rd Cir. 2007). “Iowa Code § 13.2 . Furthermore, unlike New Jersey’s tort claims act, which applies to New Jersey counties and municipalities as well, see Fitchik, 873 F.”

Hawke Ye Commodity Promotions, Inc. v. Miller, 432 F. Supp. 2d 822 (N.D. Iowa 2006). “” Iowa Code § 13.2 (2). The use of the disjunctive “or” in the Iowa Code makes Attorney General Miller’s duties distinct from the duties of the Missouri Attorney General in Reproductive Health.”

In The Interest Of A.w. & S.w., Minor Child., Woodbury Cnty. Attorney & A.w. & S.w., Minor Child. Vs. Iowa, 741 N.W.2d 793 (Iowa 2007). “Iowa Code § 13.2 . In contrast, it is the county attorney’s duty to “[ajppear for the state and the county in all cases and proceedings in the courts of the county to which the state or the county is a party .”

United States v. State of Iowa, 126 F.4th 1334 (8th Cir. 2025). “See Iowa Code § 13.2 (1)(b) (authorizing the attorney general to prosecute “all actions .”

Planned Parenthood of Greater Iowa, Inc. v. Miller, 30 F. Supp. 2d 1157 (S.D. Iowa 1998). “See Iowa Code § 13.2 (l)-(3). C. The “Partial-Birth Abortion Ban” Act The Act states, “[a] person shall not knowingly perform or attempt to perform a partial-birth abortion.”

Doe v. Miller, 216 F.R.D. 462 (S.D. Iowa 2003). “See Iowa Code §§ 13.2 ,331.756(1). II. CLASS CERTIFICATION Plaintiffs ask the Court to certify both a Plaintiff and a Defendant class in this action.”

State v. Mkt., 302 N.E.2d 528 (Ind. Ct. App. 1973). “” Iowa Code Ann. § 13.2 (1967). The Supreme Court of Iowa has interpreted this statute to mean that a criminal cause is under the control of the District Attorney until the Supreme Court acquires jurisdiction, when it comes under the sole control of the Attorney General.”

Fisher v. Iowa Bd. of Optometry Examiners, 476 N.W.2d 48 (Iowa 1991). “” Iowa Code § 13.2 (2). The affirmative action requirement is met when the attorney general either seeks to be admitted as a party by requesting recognition as such or proceeds as a party in the administrative action.”

Triplett v. Azordegan, 421 F. Supp. 998 (N.D. Iowa 1976). “The Attorney General’s office responds inter alia that it is not representing defendants pursuant to the Iowa indemnification statute but pursuant to Iowa Code § 13.2 (2) (1975) granting the Attorney General the right to defend in any action when he deems the interest of the…”

In Re Aw, 741 N.W.2d 793 (Iowa 2007). “Iowa Code § 13.2 . In contrast, it is the county attorney's duty to "[a]ppear for the state and the county in all cases and proceedings in the courts of the county to which the state or the county is a party .”

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