S.B. 249

1

COUNTY GOVERNMENT AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Darin G. Peterson
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to counties.
10 Highlighted Provisions:
11 This bill:
12 . modifies provisions relating to a county legislative body's appointment of an
13 attorney to represent the county legislative body;
14 . clarifies the form of government under which a county must be operating in order
15 that the county executive in a that county may appoint an attorney to represent the
16 county executive;
17 . expands the scope of representation of an attorney appointed by a county legislative
18 body to represent the county legislative body;
19 . provides that an attorney appointed by a county legislative body to represent the
20 county legislative body serves at the pleasure of the county legislative body and may
21 not perform county or district attorney functions, with exceptions; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 17-15-27, as last amended by Chapter 185, Laws of Utah 2002
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 17-15-27 is amended to read:
33 17-15-27. Appointment of legal counsel by county executive and county legislative
34 body.
35 (1) (a) An elected county executive in a county that has adopted [an optional] a county
36 executive-council form of county government under Chapter 52, Changing Forms of County
37 Government, may appoint an attorney to advise and represent the county executive.
38 (b) An attorney appointed under Subsection (1)(a):
39 (i) serves at the pleasure of the county executive; and
40 (ii) may not perform any of the functions of a county attorney or district attorney under
41 this title, except as provided in this section.
42 (c) An attorney appointed under this Subsection (1) may represent the county executive
43 in cases and controversies before courts and administrative agencies and tribunals when a
44 conflict exists that precludes the county or district attorney from representing the county
45 executive.
46 (2) [A county] (a) The legislative body of a county that has adopted a county
47 executive-council form of county government under Chapter 52, Changing Forms of County
48 Government, may appoint an attorney to advise and represent the county legislative body
49 [when a conflict exists that precludes the county or district attorney from representing the
50 county legislative body].
51 (b) An attorney appointed under Subsection (2)(a):
52 (i) serves at the pleasure of the county legislative body; and
53 (ii) may not perform any of the functions of a county attorney or district attorney under
54 this title, except as provided in this section.
55 (c) An attorney appointed under this Subsection (2) may represent the county
56 legislative body in cases and controversies before courts and administrative agencies and
57 tribunals when a conflict exists that precludes the county or district attorney from representing
58 the county legislative body.

Legislative Review Note
as of 2-2-06 11:21 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel