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County civil attorney defined in Arkansas Law
prosecuting attorney): As noted in Arkansas Attorney General Opinion 94-067 there is no statutory requirement that the prose- cuting attorney serve as legal counsel for either the county, generally (as to all civil matters), or for the county elected officials. See also AG Opinion 97-274 (opining that there is no statutory or consti- tutional requirement for the prosecuting attorney to provide legal advice and representation to county administrative entities, spe- cifically in that instance a county library system). Nor is there any constitutional requirement to this effect. Te prosecuting attorney is required to represent the quorum court
I (A.C.A. 14-14-902(b)(1)
(1987)), unless otherwise provided by county ordinance such as au- thorizing alternative designation of legal counsel for the quorum court. County civil
duties county civil attorney: for the A.C.A.
16-21-114, which defines the of- fice of county civil attorney, states that once the office of county civil attorney is created the county civil attorney shall: i) commence and prosecute or defend all civil actions in which his county is concerned, ii) give his opinion, without fee or reward, to any township or county official on any question of civil law concerning the county which is pending before the official, and iii) perform all civil duties the laws of the State of Arkansas state are to be performed by the prosecuting attorney. Different lawyers can be appointed to perform different county civil attorney functions. Te scope of the engagement is a matter of agreement. According to AG Opinion No. 2001-292, it is the county judge’s job to select who will fill the position of county civil attorney created by the quorum court. (A.C.A. 16-21-114.) Sources of county civil attorney compensation: Te county
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there is no statutory requirement that the prosecuting attorney serve as legal counsel for either the county, generally, or for the county elected officials.
“A ”
f the office of county civil attorney is not affirmatively cre- ated, it does not exist and the county is left with the level of services the prosecuting attorney is statutorily directed to pro- vide counties — which is only to represent the quorum court. County civil duties of the prosecuting attorney (or deputy
County Law Update
s noted in Arkansas Attorney General Opinion 94-274
civil attorney may be an employee of the county or may be an independent contractor attorney. In addition to the county general fund as a source of pay- ment, the county road fund can be used to compensate the county civil attorney for that portion of work and time spent providing civil advice and representa- tion for county road matters. A.C.A. 16-21-114 provides that in counties having created the office of county civil attorney every municipality, school district, and other local taxing unit receiving ad valorem or other tax funds collected by county col- lectors shall (i.e., it is statutorily required) reimburse the county for the taxing unit’s pro rata share of the necessary legal costs incurred by the county in assessing property, collecting taxes and receiving and disbursing revenues for the unit. Such legal costs shall include: i) reasonable expenses incurred by a county civil attorney and his staff while providing tax-related legal services for the unit; and ii) a per- centage of the salaries and fringe benefits of a full-time county civil attorney and his staff based on the ratio between time spent on tax- related legal services for the taxing
Mike Rainwater Risk Management Legal Counsel
unit and time spent on all legal services; and iii) a reasonable fee charged by a contract county civil attorney for services rendered re- garding the assessment, collection, receipt or disbursement of taxes.
(Mike Rainwater, a regular contributor to County Lines and lead attorney
for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a state-wide personal injury and disability law firm. He has been a lawyer for more than 30 years, is a former deputy prosecuting attorney and has defended city and county officials for more than 25 years.)
Did an aspect of county government “make news” recently in your county? Did
any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail
sperkins@arcounties.org.
COUNTY LINES, WINTER 2013
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