47-63a
Counties
Cite as N.D. Op. Att'y Gen. 47-63a
OPINION
47-63
February 27, 1947 (OPINION)
COUNTIES
RE: States Attorney - No Fee for Advice to Township Supervisors
This is in reply to your letter of February 24, in which you state
that the township board is getting ready to submit to a vote of the
people the question of issuing bonds to raise money for graveling the
highways. You inquire whether the state's attorney is entitled to a
fee for assisting the board in drawing up the necessary papers.
Section 11-1601, of the 1943 Revised Code, prescribes the duties of
the state's attorney, providing, among other things, that he shall
"give", when required and without fee, his opinion in writing tot the
county, district, township, and school district officers on matters
relating to the duties of their respective offices".
While it is not the duty of the state's attorney to bring actions or
defend actions free of charge, nevertheless, it is our opinion that
under the statute it would be his duty to give such advice to a board
of township supervisors as may be necessary in the matter of
submitting a bond issue to the vote of the people of the township.
NELS G. JOHNSON
Attorney General