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 law 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 and indemnify an acting county prosecutor only applies 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 clarity and support to counties during instances when the Attorney General supersedes local prosecutors.

Statutes affected:
Introduced: 52:17B-106