Montana Attorney General Opinion 15-77

Opinion No. 77 COllnty Attorneys-Powers-Action to Which Count,y Is Party-County Com- missioners. HELD: The county attorne~' must determine, under the facrs, whether or not an action or defense is neees..~a ry under Section 4819, H. C, ?II. 1921. sub- division 3, and may do so without spe- cific directions from the county com- missioners. February 13, 1933. I have your request relative to the pro\'isions of Section 48H), R. C, M. 1921, and subdivision 3 thel·eof. which provides that it shall be the duty of the county attorneys to 1)l'osecute all recol-rnizances forfeited in the eourt.s of record and all actions for the reeo\', ery of debts, fines, penalties, and for- feitures accruing to the sta te or to his county. You wish to know whether under this section it is necessary for the board of coun ty commissioners to instruct you to proceed before you ha\'e authority to do so in cases of this kind. Subdivision 15 of Section 4465, R. C, ~I. 1921, as amended, provides that the board of county eDmmissioners has vower "To direct and control the prose- cution and defense of all suits to which the county is a party." Under this provision the board of c-oun ty commissioners has genera I su- perYisory control o\'er aetions brought by or in defense of the county, but, in my opinion, the county attorney must determine, under the facts, whether or OPIXIOXS OF THE AT'l'OIC,EY GEXEHAIJ 65 not an action or defense is necessary and may bring the same without s1le- dfic directions to do so.