H.B. 112 Enrolled

APPOINTMENT OF LEGAL COUNSEL IN COUNTIES
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: John E. Swallow
AN ACT RELATING TO COUNTIES; AUTHORIZING THE APPOINTMENT OF SEPARATE
COUNSEL FOR COUNTY EXECUTIVE OR COUNTY LEGISLATIVE BODY UNDER
CERTAIN CIRCUMSTANCES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
17-15-27, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-15-27 is enacted to read:
17-15-27. Appointment of legal counsel by county executive and county legislative
body.
(1) (a) An elected county executive in a county that has adopted an optional form of county
government under Chapter 35a, Optional Forms of County Government Act, may appoint an
attorney to advise and represent the county executive.
(b) An attorney appointed under Subsection (1)(a):
(i) serves at the pleasure of the county executive; and
(ii) may not perform any of the functions of a county attorney or district attorney under this
title.
(c) An attorney appointed under this Subsection (1) may represent the county executive
in cases and controversies before courts and administrative agencies and tribunals when a conflict
exists that precludes the county or district attorney from representing the county executive.
(2) A county legislative body may appoint an attorney to represent the county legislative
body when a conflict exists that precludes the county or district attorney from representing the
county legislative body.