Bills › 91st General Assembly
Concerning conflicts of interest involving a county attorney
Sponsored by Sen. Mark S. Lofgren (R)
Where it is now
- Done: IntroducedFebruary 13, 2025
- Done: SubcommitteeFebruary 20, 2025
- Done: Senate committeeMarch 7, 2025
- Done: Passes the SenateApril 16, 202530–17
- Skipped: House committeeSkipped
- Done: Passes the HouseMarch 26, 202593–3
- Done: To the GovernorMay 19, 2025
- Done: Signed into lawMay 19, 2025
HF 862 became law → The same legislation passed as HF 862, so this version was set aside. 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, a board of supervisors can hire an outside lawyer to decide if a conflict exists. A county sheriff can also ask a court to step in and make a decision if they believe a conflict is happening and the board refuses to act.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.
Senate subcommittee
Named February 20, 2025. On February 25, 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