This bill amends existing law to require the State Treasurer to reimburse county treasurers for defense costs and administrative expenses incurred while defending civil actions against the Attorney General when the Attorney General serves as the acting county prosecutor. The bill specifies that during the supersedure, the county prosecutor and their staff will only perform duties as directed by the Attorney General. Additionally, it clarifies that the reimbursement includes administrative expenses related to personnel matters.

The legislation responds to a recent court case where an acting county prosecutor was sued for discrimination, and the Attorney General declined to provide defense or indemnification. The court ruled that the State is only obligated to defend acting county prosecutors in lawsuits related to law enforcement functions, not administrative ones. This bill aims to ensure that the State will also cover costs for lawsuits involving administrative functions, thereby providing broader protection for acting county prosecutors during their tenure.

Statutes affected:
Introduced: 52:17B-106