This bill mandates that the State Treasurer reimburse county treasurers for defense costs and administrative expenses incurred while defending civil actions against the Attorney General when the latter serves as the acting county prosecutor. The bill amends existing laws to clarify that during the supersedure of a county prosecutor, the Attorney General can take over prosecutorial duties, and in such cases, the county prosecutor and their staff will only perform duties as directed by the Attorney General. Notably, the bill specifies that the reimbursement includes administrative expenses related to personnel matters.

The legislation addresses a gap identified in a recent court ruling, which determined that the State is only obligated to defend an acting county prosecutor in lawsuits related to law enforcement functions. This bill expands that obligation to include lawsuits arising from administrative functions, ensuring that counties are not financially burdened when defending against such claims. The changes aim to provide clarity and support for counties during instances when the Attorney General assumes prosecutorial responsibilities.

Statutes affected:
Introduced: 52:17B-106