Iowa Code

Iowa Code § 13.7 (2026)

Special counsel

✓ current as of July 2026

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1. A department, agency, or other state governmental entity shall not contract for legal services to be provided by a private attorney unless authorized by the executive council under this section or section 13.3. The executive council may authorize employment of legal assistance, at a reasonable compensation, in a pending action or proceeding to protect the interests of the state, but only upon a sufficient showing, in writing, made by the attorney general, that the department of justice cannot for reasons stated by the attorney general perform the service. The reasons and action of the executive council shall be entered upon its records. If the attorney general determines that the department of justice cannot perform legal service in an action or proceeding, the executive council shall request the department involved in the action or proceeding to recommend legal counsel to represent the department. If the attorney general concurs with the department that the person recommended is qualified and suitable to represent the department, the person recommended shall be employed. If the attorney general does not concur in the recommendation, the department shall submit a new recommendation.\n\nTue Dec 09 22:33:18 2025 Iowa Code 2026, Chapter 13 (57, 0) §13.7, ATTORNEY GENERAL 4\n\n 2. The executive branch and the attorney general shall also comply with chapter 23B when retaining legal counsel on a contingency fee basis under this section, as appropriate. [S13, §208-b; C24, 27, 31, 35, 39, §152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §13.7; 81 Acts, ch 22, §1] 83 Acts, ch 127, §1; 96 Acts, ch 1186, §23; 2005 Acts, ch 150, §120; 2011 Acts, ch 131, §20, 158; 2012 Acts, ch 1112, §1; 2016 Acts, ch 1073, §5; 2023 Acts, ch 19, §2050, 2073 Referred to in §8F.2, 68B.32, 217.5A, 231E.11, 252B.7, 262.9 \n

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1974–2025 · leading case: State, Dep't of Human Servs. Ex Rel. Palmer v. Unisys Corp., 637 N.W.2d 142 (Iowa 2001).

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State, Dep't of Human Servs. Ex Rel. Palmer v. Unisys Corp., 637 N.W.2d 142 (Iowa 2001). “§ 13.7, at 44-48 (confusing mistake in expression with its cause).”

Fisher v. Iowa Bd. of Optometry Examiners, 476 N.W.2d 48 (Iowa 1991). · cites it 6× “Iowa Code § 13.7 . We think it clear that the combination of these statutes and case law allows the State, represented by the attorney general, to be or become a party in a contested case proceeding.”

Buechele v. Ray, 219 N.W.2d 679 (Iowa 1974). · cites it 4× “They supportively alleged the Council acted illegally and in excess of authority under The Code 1971, Sections 13.7, 19.10. June 1, 1972, Logemann allied himself with defendants via a petition of intervention.”

Iowa Comprehensive Petroleum Underground Storage Tank Fund Bd. v. Amoco Oil Co., 883 F. Supp. 403 (N.D. Iowa 1995). · cites it 2× “Galbraith indicates in his affidavit attached to the Board’s brief in support of the motion to remand, counsel for cases are assigned by the Iowa Attorney General to one of three private firms that have contracts with the State of Iowa through the state executive counsel…”

In Re the Marriage of Schneckloth, 320 N.W.2d 535 (Iowa 1982). “Wigmore, Evidence in Trials at Common Law § 2063 (Chadbourne rev. 1978). It has been uniformly criticized by commentators as illogical, unsound, misguided, unwarranted, and unjust.”

In re The Representation of the Off. of the Auditor of the State of Iowa (Iowa 2025). · cites it 16× “See Iowa Code § 13.7 (1). Also, the partial dissent overlooks what section 13.”

— Iowa Code § 13.7(1) — 1 case

In re The Representation of the Off. of the Auditor of the State of Iowa (Iowa 2025). “See Iowa Code § 13.7 (1). Also, the partial dissent overlooks what section 13.”

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