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 addresses a recent court ruling that clarified the State's obligation to defend acting county prosecutors only in lawsuits related to law enforcement functions. The court determined that if a lawsuit pertains to administrative functions, the State is not required to cover defense costs. This bill aims to ensure that acting county prosecutors are defended and indemnified by the State even in cases involving administrative functions, thereby providing broader protection for those serving in this capacity.

Statutes affected:
Introduced: 52:17B-106