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 of a county prosecutor, the Attorney General may take over prosecutorial duties, and the county prosecutor and their staff will only perform duties as directed by the Attorney General. The reimbursement includes costs related to personnel matters and other administrative expenses.

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, citing that the lawsuit did not pertain to law enforcement functions. The court upheld this decision, indicating that the State's obligation to defend only applies to law enforcement-related lawsuits. By passing this bill, the State would extend its obligation to cover defense costs for lawsuits involving administrative functions as well, ensuring that acting county prosecutors are protected during their service.

Statutes affected:
Introduced: 52:17B-106