WINTERSET, Iowa – In a decision that underscores the importance of ethical boundaries in local government, Madison County Circuit Judge James Hernandez issued a ruling on Sept. 2 that County Attorney Stephen Swanson may not continue to represent County Auditor Michele Brant in her lawsuit against Supervisors John Miller and Karen Holt. The judge found that Swanson’s dual role as the county’s chief legal counsel and as Brant’s attorney creates an impermissible conflict of interest under Iowa law.
Background of the dispute
Auditor Brant filed a civil‑rights complaint earlier this year alleging that Supervisors Miller and Holt retaliated against her after she raised concerns about alleged financial irregularities in the county’s budgeting process. Brant claims the supervisors used their positions to impede her duties, creating a hostile work environment that violated her constitutional rights.
To pursue the case, Brant retained private counsel but also relied on County Attorney Swanson to provide legal support on matters involving the county’s interests. The supervisors argued that Swanson’s involvement compromised the integrity of the proceedings, prompting the county’s own court‑appointed mediator to request a judicial review.
Judge’s reasoning
Judge Hernandez cited Iowa Code § 724.2, which prohibits a public attorney from representing a client when the attorney’s other official duties could materially affect the outcome of the case. “The County Attorney’s primary responsibility is to represent the county as a whole,” the judge wrote. “When that duty collides with representing an individual county official in a suit that challenges other county officials, a conflict of interest arises that cannot be ignored.”
The ruling does not dismiss Brant’s underlying claims; it merely requires her to secure independent legal representation for the portion of the case that pits her against the supervisors. The judge ordered the parties to submit a revised roster of counsel by Sept. 14, the date set for the next hearing.
Reactions from involved parties
Auditor Brant expressed disappointment but said she respects the court’s decision. “I remain committed to seeking accountability and will continue the fight with counsel who can advocate for me without any conflict,” she said in a statement.
County Attorney Swanson, speaking through his office, acknowledged the ruling and pledged to cooperate fully. “My duty is to the people of Madison County, and I will ensure a smooth transition to new representation for Ms. Brant,” the statement read.
The two supervisors, who have denied any wrongdoing, welcomed the decision. “This ruling confirms what we have said from the start – that the County Attorney should not be involved in a case that pits county officials against each other,” Supervisor Miller said.
What’s next?
Brant’s legal team is expected to file a notice of substitution by the Sept. 14 hearing, after which the case will proceed on its merits. County officials indicated they will review internal policies to prevent similar conflicts in the future, emphasizing a commitment to transparency and ethical governance.
The ruling serves as a reminder to local officials across Iowa that the separation of duties in public service is not merely a procedural formality but a constitutional safeguard for the community.
Original reporting: KCCI Des Moines — read the source article.
