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![handle is hein.sag/sagar0049 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK
STEVE CLARK
ATTORNEY GENERAL January 2, 1980
OPINION NO. 80-1
The Honorable Mike Kiad
- Prosecuting Attorney
P. 0. Box 727
Magnolia, AR 71753
Dear Mr. Kinard:
You have requested an opinion.from this office.on the following questions:
1. Please advise which client the prosecuting attorney should
represent in matters involving conflicts between quorum courts
and county bpards of election commissioners.
2. In the event litigation is begun by one party using privately
employed counsel, does the prosecuting attorney have an obli-
gtion to represent the other party under the statute?
3. In the event that no lawsuit-is begun but the matter is in
controversy, please advise what position the prosecuting
attorney should take in conflicts arising between the two as
it relates to voting machine questions.
In resolving these.questions, several statutes must be considered. The
first is Ark. Stat. Ann. 3-506.1 (Repl..1976), which provides that
county boards of election commissioners may call upon.the prosecuting
attorney for legal advice and assistance. The:second is Ark. Stat. Ann.
924*-104 (Repl..1962), which provides:
He [the prosecuting attorney] shall, without fee or reward, give
his opinion to any sheriff, constable, justice of the peace, or
county court, if required, on any question of law in any criminal
case or other matter in which the state or county is concerned,
pending before such court or officer.
The thiZd statute, which completes the pertinent statutory framewovk
herein, is Ark. Stat. Ann. §24-103 (Repl. 1962), which statesf
He, ithe prosecuting attorney] shall defend all suits brought
ag iaist the state, or any county in his circuit, prosecute all
fo feited recognizances and actions for the recovery of Jebts,
fines, forfeitures or penalties accruing to the state in any county
in his circuit. [Emphasis added]
The above cited statutes require that a prosecuting attorney represent
both the county quorum court and the county board of election commis-
sioners. A ccnflict between the two groups does not necessarily preclude
the prosectting attorney from representing either of them. The test is](ViewImageLocal?handle=hein.sag/sagar0049&div=1&collection=&method=preview&ext=.png&size=3)