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AG OPINION NO. 2013-096 A prosecuting attorney may, at his election,
prosecute city misdemeanors but he is not ob- ligated to do so. A prosecuting attorney is not authorized to prosecute violations of municipal ordinances or traffic laws not defined by the Criminal Code. Prosecuting attorneys have never had authority to prosecute violations of city ordinances. A.C.A. 16-21-103 provides that prosecuting attorneys’ jurisdiction en- compasses only state and county matters; and explicitly provides: “Each prosecuting attorney shall commence and prosecute all criminal actions in which the state or any county in his district may be concerned.” In respect to misdemeanor violations of state laws A.C.A. 16-21-150 provides that “no prosecuting at- torney shall prosecute city misdemeanor cases or appeals to circuit court unless the prosecut- ing attorney consents to do so.” A city attorney is charged with responsibility to commence and prosecute: misdemeanor violations of state statutes; traffic violations not defined by the Criminal Code; and violations of ordi- nances enacted by the city. So, a city attorney is obligated to prosecute state law misdemeanors that occur inside the city unless the prosecut- ing attorney elects to do so. Te city attorney is obligated to commence and prosecute traffic violations not defined by the Criminal Code and violations of municipal ordinances.
AG OPINION NO. 2013-086
Te AG provided an extensive historical ac- count of the code and judicial rulings on taxa- tion or exempt status of lots held by Suburban Improvement Districts (“SID”). To obtain tax exempt status under Article 16, § 5 of the Ar- kansas Constitution an SID, as a public entity, must affirmatively show that the lots claimed to be exempt are being “used exclusively for a public purpose.” Te AG noted cases holding that where a judicial foreclosure has occurred lots so conveyed to the SID may be tax ex- empt. However, the exempt status of lots not judicially foreclosed and conveyed to the SID by the lot owners outside a judicial foreclosure decree may not be exempt from taxation.
AG OPINION NO. 2013-120
Te AG clarified that Act 320 of 2009 estab- lished a cost of living increase to the minimum and maximum for salaries for “county officials” does not apply to justices of the peace. Te AG noted the expressed sections of existing code enumerating the various “elected county officers” in county government in Arkansas; and the express sections of code identifying justices of the peace as “district officials.” Te AG explained that the General Assembly has consistently and meticulously differentiated between county officers, district and township officers and county employees throughout the
statutes that apply to county government in Arkansas.
AG OPINION NO. 2013-126
Mark Whitmore AAC Chief Counsel
Act 1183 of 2013, codified as A.C.A. 12- 6-402, directs each law enforcement agency of the state to establish a policy prohibiting civilian passengers in patrol vehicles unless spe- cific written approval is given by the chief law enforcement officer or his or her designee. Te AG explained that the law is intended to give each law enforcement agency some discretion in the scope and application of its own policy by arriving at a definition for the term “civilian passengers.” Accordingly some agencies may define the term to be limited to “ride-alongs”- persons that ride in patrol vehicles for purposes that may be legitimate but whose transporta- tion is not an inescapable part of law enforce- ment like arrestees. Te AG also concluded the act did not explicitly or by implication create any new causes of action against or liabilities on the part of a law enforcement agency that would not exist before the act in respect to civilian passenger for an injury while riding in a patrol car. {Te Act applies only to law enforcement agencies of the state. However, many counties have vehicle use policies includ- ing use of patrol cars}.
75 Counties - One Voice COUNTY LINES, WINTER 2014 11
ATTORNEY GENERAL OPINIONS
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