It is the duty of the prosecuting attorney to advise the county court and the Board of Trustees of a county hospital concerning all legal matters involving the hospital. It is the duty of the prosecuting attorney to collect delinquent bills owed such hospital. The county court may authorize the prosecuting attorney to employ associate counsel if suits are instituted for the collection of such accounts outside the county in which the hospital is located or outside the State of Missouri.

HO~PITAL... . C~UVTY HOSPITALS: PROS:!CU'l'ING A'l'TORNfiS: ATTORNEYS: COUNTIES: Honorable Frank Conley Proaecuting Attorney County of Boone Columbia, Missouri Dear Mr. Conley: It is the duty of the prosecuting aZtorney to advise the county court and the~rd of ~stees of a county hospital concerning all legal matters involving the hospital. It is the duty of the prosecuting attorney to collect delinquent bills owed such hospital . ~he county court may authorize the~rosecuting attorney to employ associate counsel if suits are instituted for the collection of such accounts outside the county in which the hospital is located or outside the State of Missouri. June 24, 1964 Opinion l»o .• l ( 1964) Opinion No . 464 (1962) FIL E 0 ·I This is in answer to your request for an opinion of this _ orfice as to the authority of the Boone County Hospital to employ a private attorney to perform certain legal services for the hoapital. Your question is whether either the Board of Trustees of the hospital or the county court may employ an attorney on a time and expense basis or on a contingent fee basis to collect delinquent accounts owed the hospital: a. Where the defendant resides in the County of Boone. b. Where the defendant resides outside the County of Boone , c. Where the defendant resides outside the State of Missouri . You also ask whet her the Board of Trustees or county court may employ an attorney other than the prosecuting attorney to ~ive legal advice and assistance in matters other than the collection of a ccounts including but not limited to such matters as: a. Preparation and advice as to contracts . b. Preparation and advice with respect to notes, deeds of trust, chattels, examination of abstracts of title and other instruments. c. Preparation of other legal documents. d. Defense of or the filing of suits involving the affairs of the Boone County Hospital. Enclosed herewith is a copy of an op~~on of this office rendered on March 5, 1953, to the Honorable Curt M. Vogel, Prosecuting Attorney for Perry County. In this opinion, we sta~ed that absent an enabl~ng statute, neither ~he Board o~ Trustees of a county hospi~al subject ~o Sec~ions 205.160 ~o 205.340, RSMo 1949, nor the county court in counties in which such hospitals are located is au~horized to employ a private a~torney for the performance o~ services which ~he prosecuting attorney is required by law ~o perform. In this opinion, we examined the du~ies of the ~rosecu~ing a~torney required by Sec~ion 56.060 and 56. 070, RSMo :ga9. and held ~hat such duties included the collection o~ deli~quent accounts for a county hospital and advising the Boa~d c~ Trustees o~ the hospital on all legal matters connected therew~t h We therefore concluded that neither the Board of Trustees J_ a county hospi~al subject to Sec~ions 205.160 ~o 205. 3~0, RSMo 1949~ nor the county court in counties in which such hospitals are located may employ a private attorney ~o advise the ~rustees on legal matters affecting the county hospi~als or to collec~ delinquent accounts owed the hospital by persons residing wi~hin the jurisdiction of the prosecu~ing attorney of the county in which the hospital is located, but must rely on t~e prosecuting attorney to render such legal services to the hospi ~al withou~ fee. While the 1959 revision of the sta~utes reworded Section 56.060 and 56.070, no change in meaning was intended or effected. However, the answer to points (b) and (c) of your first ques~~c . depends upon the duty of a prosecu~ing attorney ~o file civil actions against persons residing outside the county or outside the state. The general rule is that in the absence of statutes extending the territorial jurisdiction of prosecu~ing attorneys, their powers and duties are ordinarily confined to ~heir respec~ive counties or districts. 27 C.J.S., District and Prosecu~ing Attorneys, Section 12(4) , page 660; 14 Am. Jur., Counties. Section 31, page 203. The duties of the prosecuting attorney in this sta~e are set out in Sections 50.060 and 50.070, RSMo 1959. Section 50,060 requires the prosecuting attorney t.o "* * * commence and prosecute all civil and criminal ac~ions in his coun~y in whi ch ~ne co~n~y or state is concerned, defend all suits against rhe s~~t~ o~ county, and prosecute forfeited recognizances and act. ~ ons ~or the :->ecovery of debts, :'ines, penalties ::...,d :o:::-:'e .. -.: .. :.;.:-es .::_c::-:...ting '-O -:he sta-.;e o!"' coun~y ::--. all cases, c:.·.'i~ o:-· c:-~rr:::..::J.a _ _: ... _ wh:.c::: changes of ·.,renue are granted, he- shall :'o.:.._ow a..-;a p::-:·se:::.ltE- c::- defend, as the case may be, all the causes~ fo!"' wt!ch in ~ddt-:::..on t:o the fees now allowed by law. he shall recei·ve ~is ac~'..J.a_ <?xpe:-.st>s " - 2- Section 56.070 states, among other things, that the prosecuting attorney shall represent generally the county in all matters of law . Our study of the long history of these sections pertaining to duties of prosecuting attorneys reinforces our construction Gf the meaning of these statutes. It is our oninion that the territorial restrictions of the first clause in Section 56.060 are broadened by the provisions of the second and third clauses which do not contain the words "in his county". The third clause provides that "each prosecuting attorney shall * * * prosecute * * * actions for the recovery of debts *** accruing to the state or county. 11 This c!.ause contains no restriction on the area in which ~he prosecuting attorney may act to recover debts accruing to the county. A debt owed to the county hospital would be considered a debt owed to the county . An action to recover a debt is transitory and jurisdiction _ies wherever the debtor may be found . The prosecuting attorney is the attorney for the county, Section 56.070, and we believe Section 56.060 requires him to prosecute the debtor wherever jurisdiction will lie . Since he may prosecute cases outside his county, there is no reason why he may not prosecute cases outside the state . Therefore, it is our opinion that it is the duty of the Prosecu~ ing Attorney of Boone County to prosecute suits to r ecover delinquent accounts owed the Boone County Hospital. by persons residing outside Boone County or outside t he State of Missouri. Of course, we know as a practical fact that in suits prosecuted outside the state and sometimes outside the county associate counsel is needed and sometimes mandatory . In such situations the prosecuting attorney should secure the authority of the county court to employ such associate counsel. CONCLUSION It is the duty of the prosecuting attorney to advise the county court and the Board of Trustees of a county hospital concerning all legal matters involving the hospital . It is the duty of the prosecuting attorney to collect delinquent bills owed such hospital. The county court may authorize the prosecuting attorney to employ associate counsel if suits are instituted for the collection of s uch accounts outside the county in which the hospital is located or outside the State of Missouri. The foregoing opinion, which I hereby approve, was prepared by my Assistant, John H. Denman . Very truly yours, r~G£~~ ~EAGLET Attorney General