Assigned
to GOV AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
county attorney; representation; duties
Purpose
Specifies that a county attorney must only act as the attorney for school districts and community college districts if staff is available and there is no conflict of interest.
Background
A person is eligible for the office of the county attorney if they are a licensed attorney in Arizona in good standing with the state (A.R.S. § 11-531). The county attorney is the public prosecutor of a county and must act as the attorney for school districts and community college districts, except for lawsuits involving a conflict of interest with other county offices. The attorney general must represent school districts and their governing boards in a lawsuit involving a conflict of interest with other county offices (A.R.S. § 41-192). The county attorney may represent a school district governing board member until it is established that the alleged activity or events of the complaint were not performed within the member's duties (A.R.S. § 11-532).
Community college districts may be organized for: 1) a single county; 2) two or more contiguous counties; 3) an existing community college district; and 4) contiguous counties not part of any community college district (A.R.S. § 15-1402). A school district is a political subdivision of Arizona with geographic boundaries organized for the purpose of administration, support and maintenance of public schools or an accommodation school (A.R.S. § 15-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a county attorney must only act as the attorney for school districts and community college districts if staff is available and there is no conflict of interest.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes technical changes.
Senate Action
GOV 2/8/23 DPA 8-0-0
Prepared by Senate Research
February 8, 2023
AN/CS/slp