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CITIZENS' AIDE/OMBUDSMAN v. MILLER

No. 94-1954.

543 N.W.2d 899 (1996)

CITIZENS' AIDE/OMBUDSMAN, Appellee, v. Harriett MILLER, as Board Administrator for the Iowa Board of Mortuary Science Examiners, Appellant.

Supreme Court of Iowa.

February 14, 1996.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Julie F. Pottorff, Deputy Attorney General, and Linny Emrich, Assistant Attorney General, for appellant.

Ruth H. Cooperrider, Legal Counsel, Office of Citizens' Aide/Ombudsman, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and ANDREASEN, JJ.

HARRIS, Justice.

This case presents a classic conflict between two statutory schemes. For reasons it deemed good and sufficient, the legislature created a confidentiality requirement covering certain reports in the files of an administrative agency. In separate legislation the legislature later vested subpoena power in Iowa's citizens' aide/ombudsman (hereinafter citizens' aide). The clash here occurred when citizens' aide attempted to subpoena some of these confidential...

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