Muscatine County accepts County Attorney Jim Berry’s resignation; board outlines appointment steps

The Muscatine County Board of Supervisors on Dec. 1 accepted the resignation of County Attorney Jim Berry, who told the board he plans to retire effective Jan. 4, 2026. The board voted to accept his letter of resignation during the meeting.

Why it matters: The board must fill the vacancy under Iowa law either by appointment or, if petitioned, by a special election. Supervisors spent much of the meeting parsing statutory deadlines, residency requirements and the practical timing constraints that make a special election unlikely in the near term.

Jim Berry said he submitted a letter indicating his planned retirement date and told the board the decision was not due to medical reasons or the public reprimand he previously received. He also said "there's a particular candidate in mind" who has contacted him and would be willing to serve on an interim basis and to submit a name to any committee the board appoints.

Board members and county staff reviewed the relevant statutory procedures cited during the meeting, including the board's authority to publish notice and appoint a temporary officeholder. An unidentified supervisor read statutory language describing the right of electors to file a petition that would trigger a special election and noted the petition threshold cited in the discussion (signatures equal to 10% of the votes for president in the county, estimated in the meeting at about 1,987 signatures).

Supervisors concluded that, while a valid petition would require a special election, timing rules around primary and general elections and statutory notice windows make a special election impractical for such a short interim term. The board discussed a practical appointment timeline under the appointment route (a 40‑day statutory window was referenced) and directed staff to prepare a public notice for interested applicants. Members discussed publishing so a notice could appear in the county paper by Dec. 4 with applications due back by Dec. 12, and forming a review committee including law‑enforcement representation and community members to evaluate candidates before the board acts on an appointment.

The board formally moved to accept Berry's resignation; the motion was seconded and passed. The board did not take a final appointment at the Dec. 1 meeting but directed staff to prepare the public notice and return with a committee structure and timeline for the appointment process.

Next steps: Staff was directed to prepare the posting and application materials and supervisors planned to finalize the review committee at a subsequent meeting. If a valid petition were filed under state law within the prescribed time windows, a special election could be required, but supervisors said the calendaring makes appointment the likely outcome for filling the office through the next election cycle.