Ordinance Updates following State v. PagliaiCity of Dubuque
City Council
ACTION ITEMS # 7.
Copyrighted
February 2, 2026
ITEM TITLE: Ordinance Updates following State v. Pagliai
SUMMARY: City Manager recommending City Council adopt the updates
to Ordinance sections 1-4-1 and 1-4-2 to add provisions
allowing for the assessment of court costs on dismissed
cases.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 1 Administration, Chapter 1 General Penalty
Section 1 General Penalty And Section 2 Civil Penalty
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 20260126 Pagliai Memo
3. Ordinance —General Penalty_Court Costs_01-20-2026
Page 844 of 865
THE CITY OF
DUB E-E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ordinance Updates following State v. Pagliai
DATE: January 29, 2026
Dubuque
All -America Ciq
IIIr
II
2007.2012.2013
2017*2019
Assistant City Attorney Jason Lehman is recommending City Council adopt the updates
to Ordinance sections 1-4-1 and 1-4-2 to add provisions allowing for the assessment of
court costs on dismissed cases.
A recent decision by the Iowa Supreme Court impacts the City's prosecution of simple
misdemeanor and traffic cases. This recommendation updates the city ordinance to
comply with the Court's ruling while maintaining prosecutorial discretion and minimizing
the burden on taxpayers.
On January 9, 2026, the Court ruled that district courts lack statutory authority to assess
court costs against defendants in criminal or traffic cases when those cases are
dismissed. The Supreme Court decision directly affects the City's prosecution of traffic
offenses and simple misdemeanors. Plea agreements regarding those offenses have
been common practice throughout the state, including in cases prosecuted by the City
of Dubuque, as well as those prosecuted by Dubuque County. A common plea
agreement would require the defendant to complete a defensive driving course through
a certified provider in exchange for dismissal of the citation at the defendant's costs. In
that situation, the traffic citation would be dismissed, and the defendant would be billed
$55 from the Clerk of Court for court costs. As the law currently stands, the City would
have to pay those court costs.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/'�,,a)wa k�a.
Mic ael C. Van Milligen
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jason Lehman, Assistant City Attorney
Page 845 of 865
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Jason D. Lehman, Assistant City Attorney
DATE: January 26, 2026
RE: Ordinance Updates following State P. Pagliai
INTRODUCTION
Dubuque
All -America City
2007-2012.2013
2017*2019
This memorandum discusses a recent decision Iowa Supreme Court (the "Court") which impacts the
City's prosecution of simple misdemeanor and traffic cases and proposes ordinance updates to comply
with the Court's ruling while maintaining prosecutorial discretion and minimizing the burden on
taxpayers.
BACKGROUND
On January 9, 2026, the Court ruled that district courts lack statutory authority to assess court costs
against defendants in criminal or traffic cases when those cases are dismissed. State v. Pagliai, No. 24-
0353 (Iowa Supreme Court, Jan. 9, 2026).
Pagliai directly affects the City's prosecution of traffic offenses and simple misdemeanors. Plea
agreements regarding those offenses have been common practice throughout the state, including in
cases prosecuted by the City of Dubuque, as well as those prosecuted by Dubuque County. A common
plea agreement would require the defendant to complete a defensive driving course through a certified
provider in exchange for dismissal of the citation at the defendant's costs. In that situation, the traffic
citation would be dismissed, and the defendant would be billed $55 from the Clerk of Court for court
costs. As the law currently stands, the City would have to pay those court costs.
DISCUSSION
The Court's main problem with assessing court costs in Pagliai was the lack of explicit statutory
authority for the assessment. "Where, as here, no statute authorizes a district court to assess costs in
a dismissed criminal case, the dismissal order is ultra vires and invalid." Pagliai at 10. The current lack
of authority was created by the Iowa Legislature, and the Court was clear that it can be remedied by
the Iowa Legislature:
The Code authorizes the district court to assess [court costs] against a
defendant only when the defendant "is convicted in criminal case" or
is "acquitted in a criminal case" but only "to the extent the person is
Page 846 of 865
Page 2 of 2
reasonably able to pay." Iowa Code § 815.9(5)-(6) (2023). A dismissal
is neither a conviction nor an acquittal, so neither of these provisions
is applicable here.
A prior version of section 815.9 authorized the district court to assess
[court costs] against the defendant in a dismissed case ... [b]ut the
legislature revoked that authority in 2012.
Pagali at 4-5.
Like state law, our local ordinances do not currently contain provisions allowing for the assessment
of court costs on dismissed cases. The attached ordinance updates would fix that by expressly
providing for such assessments going forward.
RECOMMENDATION
I respectfully request your recommendation to Council to adopt the attached ordinance updates at
Council's upcoming meeting on February 2, 2026.
Attachments: Draft Ordinance No. -26 (2 pages)
Effect of Amendment (1 page)
Page 847 of 865
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 2 - 26
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1
ADMINISTRATION, CHAPTER 1 GENERAL PENALTY SECTION 1 GENERAL
PENALTY AND SECTION 2 CIVIL PENALTY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 1-4-1 and Section 1-4-2
are amended by adding thereto the following:
1-4-1: GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor
by this code or any ordinance or code herein adopted by reference, or the omission or
failure to perform any act or duty required by this code or any ordinance or code herein
adopted by reference is, unless another penalty is specified, punishable in accordance
with the fine set forth in Iowa Code section 903.1, subsection 1, paragraph a, and
subsection 3, plus the assessment of court costs. In the event the case is dismissed, court
costs may nonetheless be assessed by agreement of the parties and with the consent of
the court.
1-4-2: CIVIL PENALTY:
A. Definitions:
MUNICIPAL INFRACTION: Except those provisions specifically provided under state
law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple
misdemeanor under chapters 687 through 747 of the code of Iowa, the doing of any act
prohibited or declared to be unlawful, an offense or a misdemeanor by this code, or any
ordinance or code herein adopted by reference, or omission or failure to perform any act
or duty required by this code, or any ordinance or code herein adopted by reference, is a
"municipal infraction" and is punishable by civil penalty as provided herein, plus the
assessment of court costs. In the event the case is dismissed, court costs may
nonetheless be assessed by agreement of the parties and with the consent of the court.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 2nd day of February, 2026.
Brad M. agh, Mayor
Attest:
a"' oiL SZ a -A
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
1-4-1: GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor
by this code or any ordinance or code herein adopted by reference, or the omission or
failure to perform any act or duty required by this code or any ordinance or code herein
adopted by reference is, unless another penalty is specified, punishable in accordance
with the fine set forth in Iowa Code section 903.1, subsection 1, paragraph a, and
subsection 3, plus the assessment of court costs. In the event the case is dismissed,
court costs may nonetheless be assessed by agreement of the parties and with the
consent of the court..
1-4-2: CIVIL PENALTY:
A. Definitions:
MUNICIPAL INFRACTION: Except those provisions specifically provided under state
law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple
misdemeanor under chapters 687 through 747 of the code of Iowa, the doing of any act
prohibited or declared to be unlawful, an offense or a misdemeanor by this code, or any
ordinance or code herein adopted by reference, or omission or failure to perform any
act or duty required by this code, or any ordinance or code herein adopted by reference,
is a "municipal infraction" and is punishable by civil penalty as provided herein, plus the
assessment of court costs. In the event the case is dismissed, court costs may
nonetheless be assessed by agreement of the parties and with the consent of the court. -
Page 850 of 865
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
02/06/2026
and for which the charge is 32.41
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 6th day of February, 2026
Notary ' fSyi c in and for Dubuque County, Iowa.
i
,AAl
0
Z
..........
JANET K. PAPE
r Commission Number 199659
My Commission Expires
iOW° 12/11/2026
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 2 - 26
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1
ADMINISTRATION, CHAPTER 1 GENERAL PENALTY SECTION 1 GENERAL
PENALTY AND SECTION 2 CIVIL PENALTY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 1-4-1
and Section 1-4-2 are amended by adding thereto the following:
1-4-1: GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful,
an offense, or a misdemeanor by this code or any ordinance or
code herein adopted by reference, or the omission or failure
to perform any act or duty required by this code or any
ordinance or code herein adopted by reference is, unless
another penalty is specified, punishable in accordance with
the fine set forth in Iowa Code section 903.1, subsection 1,
paragraph a, and subsection 3, plus the assessment of court
costs. In the event the case is dismissed, court costs may
nonetheless be assessed by agreement of the parties and with
the consent of the court.
1-4-2: CIVIL PENALTY:
A. "Definitions:
MUNICIPAL INFRACTION: Except those provisions specifically
provided under state law as a felony, an aggravated
misdemeanor, or a serious misdemeanor or a simple misdemeanor
under chapters 687 through 747 of the code of Iowa, the doing
of any act prohibited or declared to be unlawful, an offense
or a misdemeanor by this code, or any ordinance or code herein
adopted by reference, or omission or failure to perform any
act or duty required by this code, or any ordinance or code
herein adopted by reference, is a "municipal infraction" and
is punishable by civil penalty as provided herein, plus the
assessment of court costs. In the event the case is dismissed,
court costs may nonetheless be assessed by agreement of the
parties and with the consent of the court.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 2nd day of February,
2026.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 6th day of February, 2026.
/s/Adrienne N. Breitfelder, City Clerk
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