Judges: WINSTON BRYANT, Attorney General
Filed Date: 12/16/1994
Status: Precedential
Modified Date: 7/5/2016
The Honorable Bruce Hawkins State Representative 211 East Church Street Morrilton, AR 72110-3419
Dear Representative Hawkins:
This is in response to your request for an opinion on the following question:
Is a county liable for attorney fees of an elected official when the fees represent charges for legal council provided for the elected official when the official was sued as an individual but while performing the duties of his/her elected office?
It is my opinion that A.C.A. §
It is therefore my opinion that the county may pay these fees. And because the sheriff was named officially and no facts were adduced to suggest that he acted individually, it is my opinion that the expenses would likely be deemed non-discretionary; that is, the incurrence of the expense was in all likelihood "not discretionary in the conduct of duties assigned by law." A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Suzanne Antley.
Sincerely,
WINSTON BRYANT Attorney General
WB:SA/cyh