Title II, ELECTIONS AND OFFICIAL DUTIES (Ch. 39 - 79)

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 of a judge outside t…

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…

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 the date …

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 notice alrea…

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, §30 Referr…

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

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 suspensio…

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 …

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, t…

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

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, provide…

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, 75,…

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 attor…

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…

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. O…

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 subpoe…

Witnesses, if in the employ of the state, shall not be entitled to any witness fees, but shall receive the mileage allowed witnesses in the district court. Other witnesses shall receive the fees and mileage allowed witnesses in district court. A sum sufficient to pay the fees and…

Any city officer elected by the people may be removed from office, after hearing on written charges filed with the council of such city for any cause which would be ground for an equitable action for removal in the district court, but such removal can only be made by a two-thirds…

The petition for removal may be filed: 1. By the attorney general in all cases. 2. As to state officers, by not fewer than twenty-five electors of the state. 3. As to any other officer, by five registered voters of the district, county, or municipality where the duties of the off…

The council may, by ordinance, provide as to the manner of preferring and hearing charges filed pursuant to section 66.29 . A person shall not be removed twice by the council from the same office for the same offense. Proceedings before the council shall not be a bar to proceedin…

A county or city hospital board of trustees may include in their bylaws a process for removal of a trustee for which there is cause that would be grounds for an equitable action for removal in the district court. The process shall provide for a hearing on written charges filed wi…

If the petition for removal is filed by anyone other than the attorney general or the county attorney, the court shall require the petitioners to file a bond in such amount and with such surety or sureties as the court may require, said bond to be approved by the clerk, to cover …

The petition shall be filed in the name of the state of Iowa. The accused shall be named as defendant, and the petition, unless filed by the attorney general, shall be verified. The petition shall state the charges against the accused and may be amended as in ordinary actions, an…

Upon the filing of a petition, notice of such filing and of the time and place of hearing shall be served upon the accused in the manner required for the service of notice of the commencement of an ordinary action. Said time shall not be less than ten days nor more than twenty da…

Upon presentation of the petition to the court, the court may suspend the accused from office, if in its judgment sufficient cause appear from the petition and affidavits which may be presented in support of the charges contained therein. [S13, §1258-g; C24, 27, 31, 35, 39, § 109…

In case of suspension, the order shall be served upon the officer in question and it shall be unlawful for the officer to exercise or attempt to exercise any of the functions of that office until such suspension is revoked. [C24, 27, 31, 35, 39, § 1097; C46, 50, 54, 58, 62, 66, 7…

An order of the district court suspending a public officer from the exercise of the office, after the filing of a petition for the removal from office of such officer, shall, from the date of such order, automatically suspend the further payment to said officer of all official sa…