TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 20

COUNTY OFFICERS IN GENERAL

31-2002.  investigations and actions against county elected officers — duties of attorney general. (1) Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a county officer occupying an elective office for violation of state criminal law in his official capacity.

(2)  Upon completion of the investigation, the attorney general shall:

(a)  Issue a finding of no further action necessary;

(b)  Suggest training or other nonjudicial remedies; or

(c)  Determine that further investigation or prosecution is warranted and retain the matter and act as special prosecutor.

(3)  In furtherance of the duty to conduct investigations set forth in the provisions of this section, the attorney general shall have the authority to issue subpoenas for the production of documents or tangible things that may be relevant to such investigations.

(4)  For purposes of this section, a county officer occupying an elective office shall be deemed to have performed an act in his "official capacity" when such act takes place while the officer is working or claims to be working on behalf of his employer at his workplace or elsewhere, while the officer is at his workplace whether or not he is working at the time, and when such act involves the use of public property or equipment of any kind or involves the expenditure of public funds.

(5)  Nothing in this section shall be construed to:

(a)  Provide the attorney general with exclusive jurisdiction to conduct an investigation of an allegation of a violation of state criminal law against a county officer occupying an elective office for violation of state criminal law in his official capacity; or

(b)  Preclude a county prosecuting attorney from investigating and prosecuting such violation or referring such violation to a neighboring county for investigation and prosecution.

History:

[31-2002, added 2014, ch. 280, sec. 1, p. 707; am. 2016, ch. 135, sec. 1, p. 399; am. 2025, ch. 296, sec. 1, p. 1230.]