# In Re the Testimony of Girdler v. State

> Supreme Court of Iowa · November 14, 1984 · 357 N.W.2d 595

URL: https://www.frixlaw.com/law-library/cases/9739830

## Case

- **Full name:** In the Matter of the Testimony of Theodore GIRDLER, Jr., Theodore GIRDLER, Jr., Appellant, v. STATE of Iowa, Appellee
- **Court:** Supreme Court of Iowa
- **Decided:** November 14, 1984
- **Citations:** 357 N.W.2d 595; 1984 Iowa Sup. LEXIS 1281
- **Precedential status:** Published
- **Opinion:** Concurrence by Schultz
- **Judges:** Reynoldson, McCormick, Larson, Schultz, Carter
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9739830

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9739830. Public record. Not legal advice.