Printable Format19-723. County commissioners authorized to hire additional counsel; when. That when, in the judgment of the board of county commissioners of any county in this state, it becomes necessary or expedient, the said board of county commissioners may employ an additional attorney at law to assist the county attorney of its county in any specific investigation, prosecution or any civil or criminal matter involving the duties of said county attorney, and the said board of county commissioners may pay such attorney so employed reasonable compensation for his services, the same to be charged to the general fund of said county.
History: L. 1925, ch. 139, ยง 1; March 4.
Attorney General's Opinions:
County attorney; employment of additional attorney to assist county attorney. 81-81.
County attorneys; prosecution in another venue; additional compensation. 88-50.
Controlled substances; forfeiture; procedure; duties of county attorney and county counselor. 89-102.
Expenditure of county money for legal counsel for county officer or employee under investigation by grand jury. 92-87.
County commission may hire attorney for enforcement action under K.S.A. 17-5904. 2007-14.
County attorney appointed pursuant to section shall be compensated from county's general funds. 2016-2.
CASE ANNOTATIONS
1. Fee of attorney assisting county attorney in tax foreclosure suit payable out of general fund. Womer v. Aldridge, 155 Kan. 446, 453, 125 P.2d 392.
2. Extra counsel legally employed to aid county attorney in conducting inquisition. In re Ferris, 175 Kan. 704, 705, 713, 267 P.2d 190. Reversed: Courtney v. Schroeder, 348 U.S. 933, 75 S. Ct. 355, 99 L. Ed. 732.
3. Discussed in opinion affirming conviction. State v. Ellis, 192 Kan. 315, 317, 387 P.2d 198.
4. Cited in holding that when attorney general prosecutes case at county attorney's request, attorney general can only be removed for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 673 P.2d 1188 (1984).
5. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 949, 678 P.2d 146 (1984).