Representation of Logan County Judge. Who represents the County Judge? Ordinarily, the prosecuting attorney, but if the prosecuting attorney represents conflicting interests of the quorum court, then the county judge may have to employ his own counsel 14-14-902, by ordinance, and may att

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85-105 April 16, 1985 The Honorable Bill Walters State Senator P. OQ. Box 280 Greenwood, Arkansas 72936 Dear Senator Walters: In response to your request for information regarding legal repre- sentation of the Logan County Judge, we have found the following: A quorum court is authorized to hire an attorney to represent its interests. Ark. Stat. Ann. §17-4014(2)(c) (Repl. 1980). However, the interests of the quorum court and the county judge may conflict occassionally and thus, the legal prosecuting attorney may represent the county judge in any given case. McCuen v. Harris, 271 Ark. 863, 611 S.W.2d 503 (1981). _ And, by letter dated March 13, 1985 to the Logan County Quorum Court, Paul X. Williams, Jr., Deputy Prosecutor for the Fifteenth Judicial District, offered his legal services to the Court or to the County Judge on a case-by-case basis. If the interests of the Quorum Court and the County Judge conflict on a particular issue, the County Judge can request that the Court hire alternative counsel by ordinance as authorized in Ark. Stat. Ann. §17-4014(2)(b). For example, in Rothrock v. Walker, 197 Ark. 846, 125 S.W.2d 459 (1939), the Arkansas Supreme Court noted that a prosecutor normally would represent the county judge (and court) in an action pending against them. in that judicial circuit. The Court cited with approval the following language of Oglesby v. Ft. Smith District, 119 Ark. 567, 179 S.W. 178 (1915): We think. the county court has power to employ additional coun- sel. . .in cases where the prosecuting attorney neglects or re- fuses to perform the duties imposed on him by statute, or, where his other duties are of such character that he does not have time to properly represent the county. Ea ed The Honorable Bill Walters April 16, 1985 Page 2 Id. at 851. Or the County Judge could request that the Prosecutor represent his interests in a case. However, in McCuen v. Harris, supra, the prosecutor of Garland County had petitioned the Iower court to be relieved as counsel due to the conflicting interests of county officials in a legal dispute, but was denied withdrawal. In overturning this part of the lower court ruling, the Arkansas Supreme Court held: We are of the view and hold that a prosecuting attorney is placed in an untenable position whenever, as here, he is required to represent county officials who have competing interests with respect to other county officials. It could place him in the posi- tion. . .to have to choose between them or accept the one who first requests his services. Id. at 865. Should the Quorum Court refuse to provide any representation for the County Judge when a conflict between their respective legal posi- tions exist, the County Judge may employ his own counsel and take any further legal steps he wishes against the Court by mandamus and/or claim for private attorney's fees. We find no Arkansas case law on this latter course of action and thus, cannot predict the outcome of such a lawsuit as instituted by the County Judge. 0s Ay Mi STEVE [CLARK (lah Attorney General SC:ble cc: Buster Tritt