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1980 Arkansas Attorney General Reports and Opinions 1 (1980)

handle is hein.sag/sagar0049 and id is 1 raw text is: STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK STEVE CLARK ATTORNEY GENERAL January 2, 1980 OPINION NO. 80-1 The Honorable Mike Kiad - Prosecuting Attorney P. 0. Box 727 Magnolia, AR 71753 Dear Mr. Kinard: You have requested an opinion.from this office.on the following questions: 1. Please advise which client the prosecuting attorney should represent in matters involving conflicts between quorum courts and county bpards of election commissioners. 2. In the event litigation is begun by one party using privately employed counsel, does the prosecuting attorney have an obli- gtion to represent the other party under the statute? 3. In the event that no lawsuit-is begun but the matter is in controversy, please advise what position the prosecuting attorney should take in conflicts arising between the two as it relates to voting machine questions. In resolving these.questions, several statutes must be considered. The first is Ark. Stat. Ann. 3-506.1 (Repl..1976), which provides that county boards of election commissioners may call upon.the prosecuting attorney for legal advice and assistance. The:second is Ark. Stat. Ann. 924*-104 (Repl..1962), which provides: He [the prosecuting attorney] shall, without fee or reward, give his opinion to any sheriff, constable, justice of the peace, or county court, if required, on any question of law in any criminal case or other matter in which the state or county is concerned, pending before such court or officer. The thiZd statute, which completes the pertinent statutory framewovk herein, is Ark. Stat. Ann. §24-103 (Repl. 1962), which statesf He, ithe prosecuting attorney] shall defend all suits brought ag iaist the state, or any county in his circuit, prosecute all fo feited recognizances and actions for the recovery of Jebts, fines, forfeitures or penalties accruing to the state in any county in his circuit. [Emphasis added] The above cited statutes require that a prosecuting attorney represent both the county quorum court and the county board of election commis- sioners. A ccnflict between the two groups does not necessarily preclude the prosectting attorney from representing either of them. The test is