H.B. 112

1

APPOINTMENT OF LEGAL COUNSEL IN
2 COUNTIES
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John E. Swallow
6 AN ACT RELATING TO COUNTIES; AUTHORIZING THE APPOINTMENT OF SEPARATE
7 COUNSEL FOR COUNTY EXECUTIVE OR COUNTY LEGISLATIVE BODY UNDER
8 CERTAIN CIRCUMSTANCES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 17-15-27, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17-15-27 is enacted to read:
14 17-15-27. Appointment of legal counsel by county executive and county legislative
15 body.
16 (1) (a) h [ A ] AN ELECTED h county executive in a county that has adopted an optional form
16a of county
17 government under Title 17, Chapter 35a, Optional Forms of County Government Act, may appoint
18 an attorney to advise and represent the county executive.
19 (b) An attorney appointed under Subsection (1)(a):
20 (i) serves at the pleasure of the county executive; and
21 (ii) may not perform any of the functions of a county attorney or h [ prosecuting ] DISTRICT h
21a attorney
22 under this title.
23 (c) h [ As directed by the county executive, an ] AN h attorney appointed under this Subsection
23a (1)
24 may represent the county executive in cases and controversies before courts and administrative
25 agencies and tribunals h WHEN A CONFLICT EXISTS THAT PRECLUDES THE COUNTY OR DISTRICT
25a ATTORNEY FROM REPRESENTING THE COUNTY EXECUTIVE h .
26 h [ (2) (a) The legislative body of a county that is within a prosecution district created under
27 Section 17-18-1.9 may appoint an attorney to advise and represent the county legislative body. ] h

28 h [ (b) An attorney appointed under Subsection (2)(a):
29 (i) serves at the pleasure of the county legislative body; and
30 (ii) may not perform any of the functions of a county attorney or prosecuting attorney
31 under this title.
32 (c) As directed by the county legislative body, an attorney appointed under this Subsection
33 (1) may represent the county legislative body in cases and controversies before courts and
34 administrative agencies and tribunals .]
34a (2) A COUNTY LEGISLATIVE BODY MAY APPOINT AN ATTORNEY TO REPRESENT THE
34b COUNTY LEGISLATIVE BODY WHEN A CONFLICT EXISTS THAT PRECLUDES THE COUNTY OR
34c DISTRICT ATTORNEY FROM REPRESENTING THE COUNTY LEGISLATIVE BODY. h




Legislative Review Note
as of 1-25-99 10:30 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel