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2005 Wyoming Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagwy0002 and id is 1 raw text is: Office of the Attorney General
Governor                              Administration             Chief Deputy Attorney General
Dave Freudenthal                     123 State Capitol                   Elizabeth C. Gagen
Cheyenne, Wyoming 82002
Attorney General                   307-777-7841 Telephone
PatrickJ. Crank                      307-777-6869 Fax
FORMAL OPINION NO. 2005-001
August 5, 2005
The Honorable Elaine Harvey
Wyoming State Representative
792 Garfield Avenue
Lovell, Wyoming 82431
Dear Representative Harvey:
On June 29, 2005, you requested an opinion on the following questions:
Question 1:
Did the Resolution of the Board of Big Horn County Commissioners
properly appoint M. Scott McColloch as a Big Horn County Special
Prosecutor under the management and supervision of the Board to appear
and prosecute or assist the Big Horn County and Prosecuting Attorney in
all matters civil or criminal?
Brief Answer:
No. The Big Horn County Attorney has the exclusive jurisdiction to act
as the prosecuting attorney for the State of Wyoming in Big Horn County
and those duties may not be assigned to the elected officials on the Board
of Big Horn County Commissioners. As a result, the Big Horn County
Attorney, and not the Board, must supervise subordinate attorneys acting
on behalf of the State of Wyoming in the prosecution of criminal charges
and juvenile court petitions.

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