HB1395: relative to representation by the county attorney in county matters.

HB 1395 - AS INTRODUCED

2003 SESSION

03-2323

10/09

HOUSE BILL 1395

AN ACT relative to representation by the county attorney in county matters.

SPONSORS: Rep. Slocum, Hills 47; Rep. Wendelboe, Belk 29; Rep. Hawkins, Hills 57; Rep. Luebkert, Hills 54; Sen. Boyce, Dist 4; Sen. Roberge, Dist. 9

COMMITTEE: Municipal and County Government

ANALYSIS

This bill removes language allowing for other representation than by the county attorney for county matters.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2323

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to representation by the county attorney in county matters.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 County Attorney; Duties; Other Representation. Amend RSA 7:34 to read as follows:

7:34 Duties. The county attorney of each county shall be under the direction of the attorney general, and, in the absence of the latter, he or she shall perform all the duties of the attorney general's office for the county. [If no other representation is provided,] Under the direction of the county commissioners, he or she shall prosecute or defend any suit in which the county is interested. The county attorney shall tax all costs arising in state or county suits in his or her county for the consideration of the court.

2 Defense and Indemnification; Representation by County Attorney. Amend RSA 29-A:2 to read as follows:

29-A:2 Defense and Indemnification. If any claim is made or any civil action is commenced against any present or former officer, trustee, official, or employee of any county, or any agency thereof, seeking equitable relief or claiming damages for the negligent or wrongful acts of any such person and said officer, trustee, official, or employee requests the county to provide representation for him or her and the county commissioners, or, in the case of a claim or civil action commenced against the county commissioners, the county convention, determine that the acts complained of were committed by said officer, trustee, official, or employee while acting within the scope of official duty for the county and that said acts were not wanton or reckless, [in the absence of other legal representation,] the county attorney shall represent and defend such person with respect to such claim or civil action throughout such action or shall, with the consent of the county commissioners, retain outside counsel so to represent or defend such person; and the county shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the county shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from said claim or suit. The county commissioners or county convention shall not be required to consider the request of such person that representation be provided for the person unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading he or she shall deliver the original or a copy thereof to the county commissioners or, in the case of an action against the county commissioners, to the clerk of the county convention. No property either real or personal of any county shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the county created under this chapter. Upon entry of final judgment in any action brought under this chapter the county commissioners shall present such judgment to the county convention for the requisite appropriation. The county attorney or outside counsel retained under this chapter shall have the authority, with the concurrence of the county commissioners, to settle any claim brought under this chapter by compromise; and the county commissioners shall present said settlement to the county convention for the requisite appropriation.

3 Effective Date. This act shall take effect 60 days after its passage.