(1) The county attorney shall attend the fiscal court or consolidated local government and conduct all business touching the rights or interests of the county or consolidated local government, and when so directed by the fiscal court or consolidated local government, he or she shall institute, defend, and conduct all civil actions in which the county or consolidated local government is interested before any of the courts of the Commonwealth.
(2) (a) The county attorney shall attend to the prosecution in the juvenile session of the District Court of all proceedings held pursuant to petitions filed under KRS Chapter 610 and over which the juvenile session of the District Court has jurisdiction pursuant to KRS Chapter 610.
(b) Notwithstanding paragraph (a) of this subsection, the attorneys for the Cabinet for Health and Family Services may attend to the prosecution of any case under KRS Chapter 620 upon written consent of the county attorney and judge of the District Court or family division of the Circuit Court.
(3) The county attorney shall give legal advice to the fiscal court or consolidated local government and the several county or consolidated local government officers in all matters concerning any county or consolidated local government business within their jurisdiction. He or she shall oppose all unjust or illegally presented claims.
(4) A county attorney serving in a county, consolidated local government, or urban- county which is part of a judicial circuit described by KRS 69.010(2), in addition to the duties in subsections (1) and (2) of this section, shall have the following duties:
(a) He or she shall attend all civil cases and proceedings in his or her county in which the Commonwealth is interested; and
(b) He or she shall advise the collector of money due the Commonwealth in the county or consolidated local government in regard to motions against delinquent collecting officers for failing to return executions, and shall prosecute the motions. In no case shall the county attorney take a fee or act as counsel in any case in opposition to the interest of the county or consolidated local government. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 141, sec. 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 107, sec. 1, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 346, sec. 65, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 423, sec. 185, effective July 1, 1987. -- Amended 1980 Ky. Acts ch. 215, sec. 1, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 17, sec. 29, effective January 1, 1978. -- Amended 1976 Ky. Acts ch. 102, sec. 1. -- Amended 1974 Ky. Acts ch. 318, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 126, 127, 136.
Notes of Decisions
Dugger v. Off 2nd, Inc., 612 S.W.2d 756 (Ky. Ct. App. 1980).
“KRS 69.210 sets forth the duties of county attorneys, but it makes no provision for the issuance of warrants.”
Lococo v. Barger, 958 F. Supp. 290 (E.D. Ky. 1997).
“218 (1991) (“To summarize, assistant county attorneys are county employees when hired by an elected county attorney to work for the county____”); KRS 69.210 (describing the duties of a county attorney for the county); see also 92 Op.”
Kentucky Bar Ass'n v. Dixon, 373 S.W.3d 444 (Ky. 2012).
“…Ass’n v. Jones, 759 S.W.2d.61, 63 (Ky.1988). . Craft, 208 S.W.3d at 257 (citation and internal quotations omitted). . KRS 69.210(3).”
Wells v. Miller, Com'r of Fin., 190 S.W.2d 41 (Ky. Ct. App. 1945).
· cites it 3× “220 are read together it is evident it was the intention of the General Assembly that when the Commonwealth’s attorney is present, he shall have full charge of all prosecutions and the County attorney may not dismiss any of them without his consent; but when the Commonwealth’s…”
Knight v. Spurlin, 226 S.W.3d 844 (Ky. Ct. App. 2007).
· cites it 3× “According to KRS 69.210(1): [t]he county attorney shall attend the fiscal court .”
Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958).
“The lower court disallowed the claim, on the ground that it was the duty of the county attorney, under KRS 69.210, to have represented the magistrate in the litigation, and there was no showing that the county attorney had refused or was unable to do so.”
Franklin Cnty. Fiscal Court v. Stewart, 757 S.W.2d 194 (Ky. Ct. App. 1988).
“This regulation, 501 KAR 3:020, Section 2(1), (2), provides as follows: (1) The jailer shall be represented and advised by the county attorney as provided in KRS 69.210. (2) The county attorney shall advise the fiscal court in writing when legal representation or legal…”
Estill Cnty. v. Noland, Cnty. Judge, 191 S.W.2d 223 (Ky. Ct. App. 1945).
“Aside from this, a county attorney under such circumstances is clothed with more authority and is under a greater duty to protect the interests of the county than is a citizen and taxpayer.”
Franklin Cnty., Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997).
· cites it 4× “County Attorney The Burns Estate claims that the county attorney negligently failed to advise *202 the members of the fiscal court and other county officials of their duty to provide for the safety of prisoners in the jail as required by KRS 69.210. The statute establishes the…”
— Ky. Rev. Stat. § 69.210(1) — 3 cases
Knight v. Spurlin, 226 S.W.3d 844 (Ky. Ct. App. 2007).
“According to KRS 69.210(1): [t]he county attorney shall attend the fiscal court .”
— Ky. Rev. Stat. § 69.210(3) — 3 cases
Kentucky Bar Ass'n v. Dixon, 373 S.W.3d 444 (Ky. 2012).
“…Ass’n v. Jones, 759 S.W.2d.61, 63 (Ky.1988). . Craft, 208 S.W.3d at 257 (citation and internal quotations omitted). . KRS 69.210(3).”
Wells v. Miller, Com'r of Fin., 190 S.W.2d 41 (Ky. Ct. App. 1945).
“220 are read together it is evident it was the intention of the General Assembly that when the Commonwealth’s attorney is present, he shall have full charge of all prosecutions and the County attorney may not dismiss any of them without his consent; but when the Commonwealth’s…”
Franklin Cnty., Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997).
“County Attorney The Burns Estate claims that the county attorney negligently failed to advise *202 the members of the fiscal court and other county officials of their duty to provide for the safety of prisoners in the jail as required by KRS 69.210. The statute establishes the…”
— Ky. Rev. Stat. § 69.210(4) — 1 case
— Ky. Rev. Stat. § 69.210(4)(a) — 2 cases
— Ky. Rev. Stat. § 69.210(5) — 1 case
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