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2005 Wyoming Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagwy0002 and id is 1 raw text is: Office of the Attorney General Governor Administration Chief Deputy Attorney General Dave Freudenthal 123 State Capitol Elizabeth C. Gagen Cheyenne, Wyoming 82002 Attorney General 307-777-7841 Telephone PatrickJ. Crank 307-777-6869 Fax FORMAL OPINION NO. 2005-001 August 5, 2005 The Honorable Elaine Harvey Wyoming State Representative 792 Garfield Avenue Lovell, Wyoming 82431 Dear Representative Harvey: On June 29, 2005, you requested an opinion on the following questions: Question 1: Did the Resolution of the Board of Big Horn County Commissioners properly appoint M. Scott McColloch as a Big Horn County Special Prosecutor under the management and supervision of the Board to appear and prosecute or assist the Big Horn County and Prosecuting Attorney in all matters civil or criminal? Brief Answer: No. The Big Horn County Attorney has the exclusive jurisdiction to act as the prosecuting attorney for the State of Wyoming in Big Horn County and those duties may not be assigned to the elected officials on the Board of Big Horn County Commissioners. As a result, the Big Horn County Attorney, and not the Board, must supervise subordinate attorneys acting on behalf of the State of Wyoming in the prosecution of criminal charges and juvenile court petitions.