Kim Revwouns OFFICE OF THE GOVERNOR ‘Abaw Gricc May 22,2019 "The Honorable Paul Pate Secety of Sate uf low Saae Capitol Building LOCAL ear Mr, Secretary Thereby transmit Senate File 615, an act relating to appropritions tothe justice system, and including effective date and setzoacive applicability provisions Senate File 615 is approved on this dae with the exception of sections 24 and 28, of which I lisapprove. These sections would have amended the Atrorney General’ statutory duties ro require the approval ofthe Govern, Executive Council, or Leyslarure wo prosecute any action ot proceeding, including signing onto or authoring amicus briefs or leters of suppor, in any court or tsbunal other than an Lowa sae court. [ share many of the concerns expressed by members ofthe Legslanze about the past ations of Artorney General Tom Mil in courts outside of lows, He has participated i tigation throughout ‘the nation, repeatedly taking posions inthe name ofthe Seite of Towa that are in conflict with lows’ stauts, the policy gous ofthe Legislature and Governor, and the best interests of Towans [But I am cautious about approving a provision that redefines the scope ofthe Attorney Generals Auties because I am mindful thatthe Attorney Genera is also elected by, and directly accountable to, the people of lows, ‘Asa esl of che Laine leadership on this issue, Atorney General Miler and Ihave ba he opportunity o engage in a tought discussion about the appropriate balance of authority between dhe Governor andthe Aworsey Gene with respect Iowa avolveménein ligation. And ulimely, Atoeney General Miler agreed to my proposl to adjust ou ligation prcrices ina rmannet at I believe addests my eore concerns without amending Iowa's curren states ‘Aworney General Miller has agreed that so long as he serves as Attorney General, he will not prosecute any ation ot proezeding a sign onto of author an amicus brieFin the name of the State ‘f lowa in any court or wibunal other thao an Lowa state court without the eonsent ofthe Governor He retains the authority to participate in litigation oF autos letes ia is own name, as Auoeney General of Iowa. Atorney General Miller has also ageeed that ifthe Governor requests that he prosecute an aetion or procesding or fie an amicus brie in any court, he will do so or facilitate outsce counsel, anl that such participation requested by the Governor shall be conducted inthe name ofthe Sate of low. ‘STATE CAPITOL DES MOINES, IOWA 50319. 5152815211 FAX157253527 WWW.GOVERNORIOWAGOY‘This agreements an appropriate interpretation of the authority and duties provided for under ceisting lown law and our constintiomal structure. Ie ensures thatthe State of Lowa will speak with ‘one consistent voice when it pariipates in court proceedings outside of our sae. And it respects the Atwomey Generals independent authosty and aceouneailt to the people of Iowa. {commend the Legislature for staring this important discussion and Attorney General Miles for his willingness to reevaluate our practices with respec co engaging in ligation on behalf ofthe State of Towa. [ook forward to working with Atorney General Miller to ensure thatthe Set’ ligation advances the interests of lowans For these reasons, espeetfily disapprove Senate File 615 in part only as specified above, in accordance with Article IT, Secon 16, of the Constitution ofthe State of owa. The remainder of Senate 615 not disapproved 1 sated herein is approved on this date cc Seeretary ofthe Senate Clerk ofthe House Areoeney General Tom Miler