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. Previously, the State was only required to defend actions related to law enforcement functions, leaving acting prosecutors vulnerable in cases involving administrative functions. This bill ensures that the State will also cover defense costs in such instances, thereby providing greater protection for acting county prosecutors during their temporary service.

Statutes affected:
Introduced: 52:17B-106