Bills › 91st General Assembly
Concerning conflicts of interest involving a county attorney
Sponsored by Rep. Taylor R. Collins (R)
Where it is now
- Done: IntroducedFebruary 13, 2025
- Done: SubcommitteeFebruary 19, 2025
- Done: House committeeMarch 4, 2025
- Skipped: Passes the HouseContinued as HF 862
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 862 → Its progress continues under the new number. Go to HF 862 What’s a funnel?
What’s in it
AI summary County attorneys are prohibited from representing multiple county officials or groups if their interests conflict with one another. If a dispute arises about whether such a conflict exists, the board of supervisors can hire outside lawyers to make that decision. A county sheriff also has the power to ask a judge to step in and decide if a conflict of interest is happening.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. A board of supervisors may hire outside counsel to decide whether a conflict exists with the county attorney. If outside counsel determines a conflict of interest exists, a district court may review that determination upon request by the county attorney. 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 days and may appoint 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.
Changed since by amendments S-3107, H-1176; see Amendments.
House subcommittee
Named February 19, 2025. On February 26, 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