What is legal authority of City Attorneys? Do they have authority to prosecute defendants in Circuit Court on appeals from Municipal Court convictions for violations of state law? Do they have any legal obligation to do so? If not, then whose responsibility is it? No. Prosecuting

a, STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENER NO. 85-72 March 7, 1985 Honorable Byron Thomason State Representative State Capitol Little Rock, Arkansas 72201 Dear Representative Thomason: This is in response to your inquiry whereby you submitted the following: 1. Do duly elected City Attorneys of cities of the first class have the legal authority to prosecute defendants in Circuit Court on appeals from Municipal Caurt con- victions for violations cf State law? 2. Do duly elected City Attorneys of cities of the first class have any legal obligation to prosecute defendants in Circuit Court on appeals from Municipal Court convictions for violations of State Law. 3, If the answer to either of the foregoing questions is in the negative, then who has the responsibility to prosecute defendants-in Circuit Court on appeals from Municipal Court convictions for violations of State law? Generally, City Attorneys prosecuted misdemeanor violations of City Ordinances in the Municipal Court and in the Circuit Court on appeal, . Likewise, Prosecuting Attorneys prosecuted city misdemeanor cases in Municipal Court and in Circuit Courts on appeal. If the procedure authorized by Ark, Stat. Ann. §24-122.1 is utilized the City Attorneys may prosecute State mis- demeanor violations, which violations occur within the limits of the municipality in Municipal. Courts, The statute is silent as to appeals in Circuit Court, Thus, since no statutory authority is given to City Attorneys to prosecute in Circuit Court for municipal violations of State laws the duty to-do so would fall upon the Prosecuting Attorney in accordance with Ark..Stat. Ann, §24-121, This would not be the case, however, if in fact the appeals were for convictions of violations of city ordinances, Honorable Byron Thomason March 7, 1985 Page 2 The foregoing opinion, which I hereby approve, was prepared by Chief Deputy Attorney General Rodney Parham. Yours, truly, Attorn¢y General SC:RP:im