Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-01-15
DEFINES THE LAW.
County Commissioners Must Pay lha
County Attorneys Substitute,
ALSO THE TRAVELLING EXPENSES
10 Various Paris OF His County In
Prosecuting Cases-An opinion
by tbs Attorney General.

Answering query from John NJ.
Hanson. Esq, county attorney OF
Millard. Attorney General Bishop to-
day handed down the following
opinion which says the law provides
for the payment by the county COM
mlssioners Of a substitute tor the
c9unty attorney when that official Ia
unable to attend cases; also that all
travelling expenses must be paid by
the county. The opinion In full is "a
follows:
have before me your favor OF the
25th inst. In which you ask to be al.
vised, fret, whether under the law II
would be proper for the county
commissioners to allow o claim
OF the county attorney to reim'
burse him TOR the amounts expended
by him In travelling to the various
precincts In his county in the dis.
charge OF his official duties.
Second. Should the county attorney
fail for good cause to attend and prose.
cute case In the Justices court and
such justice appoints prosecutor for
the State who performs the duties i'm.
posed upon the county attorney, and
who presents n reasonable claim
against the county therefor, 10 such
calm legsl charge?
Answering your frst question, beg
to refer you 10 subdivision . OF section
los OF the county government hill
found on page $40 OF the laws OF 1896
a. follows: "Ihe necessary expenses
OF the county attorney incurred in
criminal cases arising in the county
and all other expenses necessarily
incurred by him In the prosecution OF
criminal cages" And also subdivision
. OF sectjDn lis Of she same act found
on page 553 OF the laws OF 1896 rs
follows: "rhe county attorney
must Institute proceedings
before the proper magistrate Tor the
| arrest Of persons charged with or rea.
| sonably suspected OF any public otfense
when he hss information that any
| such oftense has bean lifted, anu
| for that purpose mast attend In person
or by deputy upon the ma gistrstes in
| cages OF arrest when required by
them"
From the las. section 1t will he oh
| served that IL is made the duty of the
county attorney to attend Ia person or
| criminal prosecutions OF persons
charged with or reasonably suspected
| Of public offence, 30 that there can
be no doubt as to Its being the duty OF
the county attorney to prosecute suoh
csses.
Subdivision . OF section 185 above
| quoted expressly provides that the
necessary expenses OF the cou mtg at.
| torney in such Gases shall be paid by
the county. What are necessary ex-
| penses, or expenses necessarily in
Cured in such business would be q
question to be- determined by the
county commissioners. II they should
| fiud that the Items OF the bills pre-.
| sented come within this desig nation II
would be proper to allow the bill and
to order q warrant drawn upon the
| county treasurer for Its payment.
AS to your second proposition, L beg
TO refer you section 10 OF article 0. the
Constitution, which provides "In all
cases where the attorney for any coun.
| ty, or for the State, fails OF refuses to
|, attend and prosecute according to law,
the court shall have power to appoint
| an attorney pro tempoIe."
would also call your attention to
section 10 of chapter l24 OF the laws Of
| 1896. which provides: "The salaries
herein provided Tor county officers
| shall be full compensation iof all SER
vices of every kini and description
rendered by the officers named herein
(this includes county Attorney: Pro.
vided: That lin the judgment OF the
board OF county commissioners the du-
, ties of any office cannot be- discharged
by the PRINCIPAL, then the said board OF
county commissioners may allow such
officer q deputy or such number OF
deputies or assistants as in their judg-
l.., 10 do al
ness Of such Oftiue 10 connection with
the principal, Tor such time as may be
| necessary, anu at such salary as they
| may oesig nate; the salary OF any one
OF whom shall not exceed two.thirds
| Of the amount fixed for the salary Of
the principal. Tue salaries OF said dep
| uties shall be county charge"
1t clearly appears In this section to
be the uuty OF the county commission
ere, when 1t shall be iounu that he
business OF the office OF coun ty attoT-
ney cannot be dispatched by the prin.
| cipal alone, TO furnish him with the
| needed assistance. II the county at.
tOrney should find, that for good
| cause he would be unable TO attend
and prosecute when required II would
be his duty to notify the county COM
mlssioners TO that effect, in which
case they would be- empowered TO ap.
point an attorney pro tempore.
But in order that the course OF jus.
tice may not be interrupted, l am OF
option that paragraph 10 Of article s
| OF the Constitution above quoteu
would be sufficiently broad to author
izs the court to appoint an attorney
pro.tempore, which should be done by
Its order and the same entered OF rec.
ord in any case where, for any reason
| the county attorney, when required by
the court, should TAIL or refuse TO APP
pear anu prosecute. And under thesu
circumstances sm OF opinion that the
county would be liable for a reason-
able compensation ior the services OF
the attorney so appointed.