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 Attorney General acts as the county prosecutor. The bill amends existing laws to clarify that during the supersedure of a county prosecutor, the Attorney General may take over prosecutorial duties, and in such cases, the county prosecutor and their staff will only perform duties as directed by the Attorney General.

The legislation addresses a recent court ruling that determined the State's obligation to defend an acting county prosecutor only extends to lawsuits related to law enforcement functions. The bill expands this obligation to include lawsuits arising from administrative functions, ensuring that counties are not financially burdened when defending against such claims. This change aims to provide comprehensive protection for acting county prosecutors and clarify the financial responsibilities of the State in these situations.

Statutes affected:
Introduced: 52:17B-106