Bills › 91st General Assembly
Relating to the representation of boards of supervisors and county officials by outside counsel, and including effective date provisions
Sponsored by the House Judiciary Committee, Rep. Taylor R. Collins (R)
Where it is now
- Done: IntroducedFebruary 13, 2025
- Done: SubcommitteeFebruary 19, 2025
- Done: House committeeMarch 4, 2025
- Done: Passes the HouseMarch 26, 202593–3
- Done: Senate committeeApril 3, 2025
- Done: Passes the SenateApril 16, 202530–17
- Done: To the GovernorMay 19, 2025
- Done: Signed into lawMay 19, 2025
Signed into law What’s a funnel?
What’s in it
AI summary County attorneys are prohibited from representing multiple county officials or groups if a conflict of interest exists between them. If a dispute arises, a majority of the board of supervisors can hire outside lawyers to handle the matter. Additionally, if a sheriff believes a conflict exists and the board refuses to act, the sheriff can ask a judge to decide the issue and allow them to hire their own legal help.1
Read the official explanation
This bill concerns the duties and responsibilities of county attorneys. The bill adds engaging in the simultaneous representation of the county, the board of supervisors, and any other county official if a conflict of interest exists between the parties and engaging in any other type of legal representation if it creates a conflict of interest with the county to the list of prohibited actions of a county attorney. A majority of a board of supervisors may decide to obtain outside counsel if a dispute exists between the county attorney, the board of supervisors, or any other county official. If a county sheriff reasonably believes that a conflict of interest exists with the county attorney and the board of supervisors refuses to act, the county sheriff may, through notice pleadings, petition a district court for a determination of whether a conflict of interest exists and request a stay on any pending proceedings. The district court shall issue a ruling on the merits within 30 days and may authorize the county sheriff to retain outside counsel to represent the county sheriff or issue any other order in the interest of justice and all court costs and expenses shall by paid by the county.
Why it matters. County attorneys would be prohibited from representing the county, the board of supervisors, or other county officials if a conflict of interest exists between them. If a dispute arises, a majority of the board of supervisors can choose to hire outside legal counsel, and a county sheriff may petition a district court to determine if a conflict exists and request to hire their own outside counsel.2
Changed since by amendments S-3107, H-1176; see Amendments.
Senate subcommittee
Named March 31, 2025. On April 2, 2025 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part