The county attorney of any county in this state who has no assistant is hereby authorized to appoint, with the consent of the county board of the county, one or more attorneys for assistance in the performance of duties. Each assistant shall have the same duties and be subject to the same liabilities as the county attorney and hold office during the pleasure of the county attorney. Each assistant shall be appointed in writing and the assistant's oath and appointment shall be recorded with the county recorder. The county board of such county shall fix the salary of each assistant county attorney appointed pursuant to the provisions of this section, and the salary when so fixed by such county board shall thereafter be paid by the county in equal monthly installments upon the warrant of the county auditor during the period for which such salary is so fixed or during such portion thereof as an assistant county attorney continues in office.
Notes of Decisions
Cited in
6
cases, 1973–2020 · leading case:
State v. Clark, 755 N.W.2d 241 (Minn. 2008).
State v. Clark, 755 N.W.2d 241 (Minn. 2008).
· cites it 24× “051 in 1860, mandating that the county attorney shall "attend before the Grand Jury of such county upon the special request of said jury, and examine witnesses in their presence; he shall give them advice in any legal matter before them.”
Opheim v. Cnty. of Norman, 784 N.W.2d 90 (Minn. Ct. App. 2010).
· cites it 18× “Because the district court did not err by concluding that the county board improperly set the budget: (a) without fixing the salary of an assistant county attorney, as required by Minn.Stat. § 388.10; and (b) without providing budget items for support staff and other office…”
State v. Frink, 206 N.W.2d 664 (Minn. 1973).
· cites it 3× “Chapter 626A and Section 388.10.” 2 The Minnesota Privacy of Communications Act which became effective July 1, 1969, was adopted in response to Title III of the Omnibus Crime Control and Safe Streets Act enacted by Congress in 1968 and codified as 18 USCA, §§ 2510 to 2520.”
In re Admin. Appeal of the Termination of Emp., 374 N.W.2d 754 (Minn. Ct. App. 1985).
· cites it 9× “Was Black an at-will employee under Minn.Stat. § 388.10? 2. Is there substantial evidence to support a determination of just cause and termination? ANALYSIS 1.”
State v. Ali, 752 N.W.2d 98 (Minn. Ct. App. 2008).
· cites it 2× “See Minn.Stat. § 388.10 (2006) (authorizing county attorneys to appoint assistant county attorneys).”
Buboltz v. Cnty. of Blue Earth (D. Minn. 2020).
“Minnesota Statute § 388.10 mandates ACA job duties and therefore all ACAs, regardless of gender, perform equal work under similar conditions.”
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