| Show DEFINES THE LAW i i Coaaty Commissioners Must Pay the 1 Comity Attorneys Sabstllnte 11I I 11 ALhO JII 1lHlLINII EXPENSES I 10 Various Tarn of lilt County to I rroirrtiltti Casts Au Opinion I bj 1113 Attorufj General Anowerlo a query from John i M I Hanson Lai county attorney of Mlllard Attorney General Bishop today to-day handed down Ibo following I opinion which says the law provides for Ibo payment by the county commissioners com-missioners of a substitute lor Ibo ouuty attorney when that official Ii unable to attend cameo also that all traveling expenses must be paid by the county The opinion In full Is as I follows I have before me your favor of the 6tb trial In which you alit to be advised ad-vised I first whether under the law II would be proper for Ibo county commissioners to allow a claim of Ibo county attorney to reins buraa him for the amounts expended by blm In traveling to the various precincts lu his county In the discharge dis-charge bin official duties 4 Becond Should the county attorney fall for good Cause to attend and prosecute I I prose-cute a case In Ibo Justices court and such Justice appoints a prosecutor fort Ibo for-t btato who performs Ibo duties Imposed Im-posed upon the county attorney and who resents a reasonable claim against the county tbereror la I such claim a legal charge r I Answering your tint question I beg to rotor I you loaubdlvlsiil l I I 2 of section 163 at ton county government hill I sound ou page 670 of the laws of 1893 0 11 follows llm ueceassry expenses ul the county attorney Incurred lu I criminal casts rising In Ihe county iiid nil other expenses necessarily incurred by him In I the prosecution of criminal oneaso01 And also subdivision 1 Sol I sectlnll8of Ibo same ties found on page 554 ot the laws l ot 1391 in lulo Viiocountyattorney a I is as A must Institute proceedings I beloro iho proper magistrate lor the I nrroat of persona charged with or reasonably 11 1 rea-sonably suspected of any public offense IYhsu lel IIOoO when lie has Information that any I such offense bus beau committed Suit 11 I for that purpose mast attend lu person ft IV or by deputy upon Iliomailslratea Incases 11 In-cases of el arrest when required by jj 1 them i 1 From the last section It will to ob 1 served that It to made the duty of tile oli om DI 1 county attorney to atte3d I Ili I pr33ts or 1 by deputy upon Ibo magistrates In 1 I Criminal prosecutions 01 persons 1 charged with or reasonably ouspectou i I of a Public tflonee ad that Ibbra can Ii be no doubt aa 1 Ill being the duty of It Ibe county attorney lo prosecute euoi I cameo J Bubdlvlilon 2 of section 185 above fl lt Jd j quoted expressly provides that the necessary expenses of the county attorney at-torney In such CHSOS shall bu paid by I the county What are necessary expenses I penses or expenses necessarily Incurred I In-curred In such business would < bu a question to bo determined by the I Count Y commissioners If they slioull I I find the tile Items ot the bills presented pre-sented come within this designation It i t 11 would be proper to allow Ibo bill and II 10 order a warrant drawn upon sue I county treasurer for Its payment Aa to your second proposition I beg i to refer you section loop article B 01 Ibo Constitution Which provides In 1 cac where this ollory for any county coun-ty or for Ibo States toll or refuses lo attend ODd proooul According 10 Jews I the court shall have power to appoint au attorney pro teinpoie I would also call your attention lo section 10 of chapter 124 of the law of 1690 which provides The salaries I 1 1oln pooloed for county ulllr shall bo full compensation lor all ser II i vlcca of every kin I and description rendered by Ibo Ulcers named herein this 1 Includes county attorney Provided J 11 1llnT uWIIuaJ l vided That If In Ibe judgment of the I board of county commissioners the du I f rl oo ties of any Office cannot be discharged by the principaltuen the said board of 9 county commissioners may allow such I ofllcer a uepuly or such number of t deputies or assistants as In their Judg mot may be Muffed to do Ibo bust ua of such cIlluo I lo connection with J The principal lor such lime as may be necessary aod 01 such alary an they may designate too salary of any one I ot whom shall not exceed twothirds f of the amount fixed for the salary of Ibo principal I The salaries of said deputies dep-uties shall be a 0iunly charge 1 clearly appears la this section to bu the only of Ibo county commission fewhoult shall be found that the 1 business of the nlllce of county attorney attor-ney cannot be dispatched by the principal prin-cipal alone lo furulh him with the I needed asalalauce 1 the county at I 4 toruey shtuld Hud thai for good cause he would be unable attend and prosecute when required 1 would i bu his duty to notify tbu county commissioners com-missioners to thai eQeci In which I case they would be empowered to ap I point an attorney I ro tempera But Inorder1nat I Ibo course 01 Ju I lice may not be Interrupted I am of 10 opinion that paragraph 10 of articles loU l at I the Constitution above quoted ll would busufflefentlybroad toauthor I Izs Ibe court to appoint an attorney protemporr which I should bo done by I I its order anti the sense entered fr I old In any case where for any reason t I Ibo county attorney when required by III II the court should lull or refuse to appear I ap-pear anti prosecute And under these circumstances I am of opinion that too county would be liable for a i reasonable reason-able compoublElOn for Jtbo Jtb services < of i the attorney so appointed |
