The job of the Meade County Attorney’s office By KAREN KENNEDY The office of the county attorney first came into being with the Kentucky Constitution of 1850. Today’s Constitution requires a county attorney be at least 24 years of age, a citizen of Kentucky and resident of the state for two years, a resident of the county for one year prior to the election, and a licensed practicing attorney for two years prior to the election. The election of the county attorney occurs every four years. While the nature of the office has changed somewhat over the years, the duties of the job remain essentially the same and are classified as follows: the prosecutorial function, civil advising to county government, and miscellaneous duties for the state and county. The county attorney must attend the district court and prosecute all violations of criminal and penal law within the court’s jurisdiction. Furthermore, the county attorney and commonwealth’s attorney are required to cooperate in the enforcement of laws and, when necessary, assist each other in prosecution within their respective courts. These two officers may agree to share or redistribute their prosecutorial duties in the circuit and district courts. Kentucky Revised Statues direct the county attorney to carry out prosecutorial duties for the commonwealth in the juvenile session of district court. The county attorney may move that a child be proceeded against as a youthful offender in circuit court if the child is charged with certain serious offenses, has met specific age criteria, and has been adjudicated in the past. If convicted in circuit court, the juvenile will be subject to the same penalties as an adult offender. The county attorney possesses the jurisdiction to investigate and prosecute violations of the election laws and must provide assistance to the attorney general regarding these election laws, if necessary. In paternity issues, the county attorney must bring action in district court to determine paternity when a request has been made by a mother, putative father, child, person, or agency substantially contributing to the support of the child. If paternity is determined, the county attorney or Cabinet for Health Services must bring action to enforce liabilities upon the request of the complainant. The county attorney distributes to crime victims and witnesses a pamphlet which explains how the criminal justice system works, how the victim or witness can protect himself from intimidation, and how the victim or witness can be notified of the release of a person from a detention center, jail or prison. County attorneys also serve as legal counsel for local county government. Their general duties in this respect are to attend fiscal court meetings and conduct all business of fiscal court that concern the rights and interests of the county. At the direct of fiscal court, the county attorney conducts civil actions in which the county is a party. The county attorney provides legal advice to fiscal court and county officers in all manners relating to county business. In addition, the county attorney also acts as legal representative to a variety of county boards, commissions, and special districts. The county attorney supervises the payment of claims against the county treasury. When claims are approved by fiscal court, the county attorney may oppose payment of any illegal or unjust bills. The county attorney also represents the county when the sheriff makes his annual settlement for county and district taxes with the fiscal court. Miscellaneous duties for the county attorney include petitioning for the removal of a peace officer who is in violation of KRS, investigating and filing a written report on places of entertainment, and bringing civil action in the name of the county to recover possession of or injury to county property. The county attorney also possesses certain election duties in conjunction with the county clerk. If a building or structure is or is proposed to be erected, constructed, reconstructed, relocated, remodeled, altered, repaired, maintained, or used in violation of any reasonable regulations concerning the enforcement of building standards, the county attorney may take action against these unlawful actions. A number of statutes authorize state administrative agencies to call upon the county attorney for legal assistance, including but not limited to the Transportation Cabinet, Cabinet for Human Resources, Department of State Police, Natural Resources and Environmental Protection Cabinet, Department of Fish and Wildlife, and Consumer Protection. Miscellaneous duties for the state include the ability to petition the governor for extraditions of a convicted or accused person and successfully completing domestic violence training and continuing education in that area every two years. The county attorney receives a salary paid out of the state treasury for performance of prosecutorial duties, which is equal to that of a commonwealth’s attorney who is not prohibited from the private practice of law. At its discretion, fiscal court may also compensate the county attorney for legal advice to county government, with no minimum compensation set. A maximum level of compensation exists in that the salary from the county plus the county attorney’s state salary may not exceed a particular amount. County attorneys may engage in the private practice of law in addition to their official duties with the county. Commissions earned by the county attorney for her tax collection work may only be used for the payment of operating expenses. Each county attorney is entitled to a $500 monthly expense allowance to be used for expenses incurred in performing duties for the state. The money is paid out of the state treasury. This lump sum allowance is not compensation and is not included in determining the total compensation of the office. The state pays any office expenses incurred by the county attorney in her duties as criminal prosecutor. Fiscal court pays the office expenses for the county attorney’s work as its legal advisor. The county attorney must submit a proposed budget for his or her office to the Prosecutors Advisory Council to then be submitted as part of the budget of the Office of Attorney General. Local governmental units, however, provide additional financial support.
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