Opinion

In Re the Testimony of Girdler v. State

357 N.W.2d 595
1984 Iowa Sup. LEXIS 1281

Court: Supreme Court of Iowa
Filed: Nov 14, 1984
Status: Published
Author: Schultz
On the bench: Reynoldson, McCormick, Larson, Schultz, Carter
Cited by: 12 cases

The opinion

SCHULTZ, Justice

(concurring specially).

I agree with the result in this case because it involves an action for a civil penalty in lieu of a criminal prosecution. I would not agree that the attorney general has unlimited authority to grant immunity to witnesses in all civil cases. I would confine this authority to criminal cases and to those civil cases of an enforcement nature seeking payment of a civil penalty, like Iowa Code section 553.13. The State is involved in a multitude of actions that are far afield from the State’s duty to protect the public from criminal violators. I do not believe the legislature ever intended the State to grant immunity in these cases, and I see no cogent reason that justifies giving the State tools which are unavailable to other litigants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.