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. Notably, the bill specifies that the reimbursement includes costs related to administrative functions, which was a point of contention in a recent court case.

The legislation responds to a ruling where the Attorney General declined to defend an acting county prosecutor in a discrimination lawsuit, asserting that the state only has an obligation to cover costs related to law enforcement functions. The court upheld this position, leading to the need for this bill to ensure that the state also covers expenses arising from administrative functions during such supersedures. By including these provisions, the bill aims to provide comprehensive protection for acting county prosecutors against civil actions, thereby clarifying the state's responsibilities in these situations.

Statutes affected:
Introduced: 52:17B-106