Does a prosecuting attorney have the right to speak up at quorum court meetings when he has not been recognized by the county judge? Q2) If the judge adjourns the meeting and leaves, can the rest of the members carry on? Q3) Is it unusual or illegal for the county judge's office to prepare an ordi

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET HERITAGE WEST BUILDING (601) 371-2007 jsi-A STEVE CLARK ATTORNEY GENERAL 7 LITTLE ROCK, ARKANSAS 72201 OPINION NO. 86-147. a April 28, 1986 | : | aoe 3 The Honorable Bill Walters State Senator P.O. Box 280 Greenwood, AR 72936 Dear Senator Walters: 7 : ° = - “You have requested an opinion from this office concerning several questions which I will paraphrase as follows: ; 1. Does a prosecuting attorney have the authority to: interject thoughts, opinions and arguments into a quorum . ‘court meeting? If so, must he first receive recognition from the presiding officer, i.e. the county judge? ‘Additionally, what authority does the county judge have. ° -= | yo. ‘to prevent the participation of the prosecuting attorney - co absent -Tecognition to speak. 2 If the county judge declares the meeting adjourned, - and leaves the quorum court session, may the remaining —. “members of the quorum court continue to meet and. conduct business in his absence? ; : ogo ‘Is. it ‘nusual : or “ittegal for the county judge's. office. to prepare an ordinance and then have a quorum | court member introduce that ordinance for ‘onsideration?: “prosecuting ‘attorneys “obligations insofar. ‘as to render. legal opinions. to the county judge - and quorum court?..If there is an obligation to render . :legal..opinions to ‘the. county judge and quorum court, is ° ‘lit. misfeasance, malfeasance, or nonfeasance for the 9" prosecuting: attorney to refuse to advise the county: 00% , .judge or quorum court) as” to matters pertaining | to. county.” business? . ene a Ltt gs “May: the county judge obtain “outside legal ‘counsel ‘in “the event the prosecuting. attorney refuses to render. ‘legal. ‘assistance? . IE. So, does the» county judge have: to ~~ be “non~performance of. net. a. county judgesmay. obtain outside legal counsel in the. *event..the” prosecuting “attorney ‘refuses ‘to ‘reider’ Tegat’; : -- assistancé.-The ‘question that must: be’ addressed is whether: - “¢ase. o£ hiring a county attorney, created: the position: and” - appropriated. funds. for payment of that attorney. ©The _ general procedure for either a professional services °° - 12° 30% “contract or.-selection of a county attorney under Ark.: ‘State - Ann. $24 - 137 (1985 Supp. ) would need to be filed. Do. “that the prosecuting attorney would have the authority to.* ocrequire: ‘the- county, sheriff to eject: anyone fron. the | quorum: tin ae ae ae have the approval of the quorum court in order to employ legal counsel for that purpose? 6. During the meeting of a quorum court does the prosecuting attorney have concurrent authority with the county judge to direct the sheriff to remove certain persons from the meeting? In response to your first question, the prosecuting attorney is not a member of the quorum court but is there to provide legal advice when so requested by that body. As such, the request for information must be made and the presiding official, i.e., the county judge, must authorize the prosecuting attorney addressing the quorum court while in session. Amendment 55, Section 3 of the Arkansas Constitution states that the county judge shall preside over the quorum court without a vote but with the power to veto. This would indicate, in response to your second question that the presence of the county judge is necessary in the quorum court session. In response to your third question, it may or may not be unusual for-a county judge's office to prepare an ordinance but so long as a quorum court member introduces (and by doing so adopts as their own) that ordinance for consideration it. would appear to be technically permissible. 5 Fe In: response ‘to your fourth question, in the absence o£ a county attorney (office of civil attorney) as envisioned in Ark. Stat. Ann. §24-139 (1985 Supp.) the prosecuting attorney retains the duty to provide his or her opinion, without fee.or reward to any county or township official guarding ‘questions of civil law concerning that county and . which is pending before jthat: official. Failure to provide |. that opinion to a qualified county official would appear. to . a required duty. el . ater Lae Bt “Your fifth: ‘question raises the concern as to whether: or: or not the quorum .court has. appropriated funds, or in the’: ‘Th response. to your final. question it would not appear re om Additionally, there is no authority for an Assistant Attorney General to attend and participate in a Logan County Quorum Court Session, therefore I feel that it would be inadvisable to assign an attorney for this purpose. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Kay J. Jackson Demailly. eo Sincerely, - STEVE CLARK Attorney General SC/KD/pw