§ 17-53-315. Actions -- Control and direction.

(1)

(a) A county executive may control and direct the prosecution, defense, and settlement of all lawsuits and other actions:

(i) to which the county is a party;

(ii) as to which the county may be required to pay the judgment or the costs of prosecution or defense; or

(iii) as further provided by county ordinance.

(b) If necessary, the county executive may, upon the recommendation of the county or district attorney or if required by court order, employ counsel to represent the county in the lawsuit or other action or assist the county attorney or, in a county that does not have a county attorney, the district attorney in conducting those lawsuits or any other actions where the county attorney or district attorney, as the case may be, is authorized by law to act.

(2) If a lawsuit or other action is brought or prosecuted by another elected official or a board or other entity of the county under a statutory duty, that other elected official, board, or other entity may control and direct the lawsuit or other action, consistent with applicable law.

Amended by Chapter 241, 2001 General Session