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2019 Op. Kan. Att'y Gen. 1 (2019)

handle is hein.sag/sagks0091 and id is 1 raw text is: 







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January 24, 2019


ATTORNEY GENERAL OPINION NO. 2019- 1

Keith E. Schroeder
Reno County District Attorney
206 West First Avenue, 5th Floor
Hutchinson, KS 67501-5245

Re:       Counties and County Officers-County Commissioners-Powers of
             Board of Commissioners; Control of Expenditures

             District Officers and Employees-District Attorneys-Election of
             District Attorneys in Certain Judicial Districts; Term; Oath; Bond;
             Abolition of Office of County Attorney in Said Districts; Duties;
             Representation of County Hospital not Required; Assistants,
             Deputies, Stenographic, Investigative and Clerical Hire; Appointment;
             Compensation; District Attorney and Assistants Full-Time Positions,
             Law Practice Prohibited; Office Space; Special Counsel


Synopsis:


A district attorney is an elected official who is not subordinate to the
board of county commissioners (BOCC). As the county's chief
prosecutor, the district attorney has several statutory and ethical
obligations, including a duty to manage his or her workload so that
each matter can be handled adequately. Although the BOCC has
general authority over county expenditures, it has a statutory duty to
provide reasonable sums necessary for the district attorney to meet
his or her statutory duties of office. The Kansas Supreme Court has
held that a BOCC must approve an elected official's expenditure if the
expense is necessary for the official to fulfill his or her statutory duties.
The Court also held that mandamus is the appropriate remedy if the
BOCC fails to approve the necessary expenditure. Therefore, if the
BOCC refuses to appropriate funds that the district attorney believes
in good faith are necessary to fulfill his or her statutory obligations, the
district attorney's remedy is to file a mandamus action against the
BOCC. Cited herein: K.S.A. 2018 Supp. 19-101a; K.S.A. 19-212; 19-

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