Floyd County will appoint replacement county attorney rather than call special election

By Bob Steenson, bsteenson@charlescitypress.com

The Floyd County supervisors will appoint a new county attorney rather than call for a special election, the board unofficially decided at its meeting this week.

Current County Attorney Rachel Ginbey announced her resignation last week to take the position of the Hancock County attorney, replacing the former county attorney there who was made a state district court judge.

The Floyd County board is expected to take official action on her replacement at its meeting next week, approving posting the position opening and setting a deadline for interested persons to apply.

Ginbey, who attended the meeting by phone, recommended that the board appoint her replacement rather than hold a special election, and said the board can post the position before her resignation becomes official on March 12, but cannot appoint anyone until the position becomes vacant on March 13. The appointment must also be made within 40 days of that March 13 vacancy.

Ginbey said anyone who is licensed to practice law in Iowa is eligible to apply. Most county elected position vacancies that are filled by appointment require the applicants to have been county residents for at least 60 days before taking office, but for county attorneys the requirement is only that they are a resident of the county when they are sworn in.

Supervisor Chair Mark Kuhn said the board needs to decide how it wants to select the new county attorney, such as whether to ask applicants to fill out a questionnaire, holding interviews, etc.

Ginbey suggested allowing 14 days for interested persons to apply for the position after it is posted, then the board can decide whether it wants to interview everybody or pick a certain number of top candidates and interview only those.

She said interviews could be held in closed session, but Kuhn said his preference would be to keep the process open to the public.

Supervisor Dennis Keifer asked Ginbey about her current caseload, and she said she would be willing to help out with some of the cases that are currently underway, but she would have to be asked officially to help by the new county attorney.

Ginbey also said there were a couple of current sexual abuse cases where she feels she has made a connection with the victims and would like to remain involved.

Even though the supervisors agreed to appoint a new county attorney, Floyd County voters could still petition to hold a special election.

An appointed county attorney would serve until the next general election, in November 2024. The appointed county attorney could decide whether to run for election to remain in the position.