§ 11-51-104 — Attorney general duties.

(1) If the United States or a federal representative brings a legal action or a proceeding against a chief executive officer, a county sheriff, or an employee or agent of a chief executive officer or county sheriff for taking action to exercise the jurisdictional authority described in this chapter, and that action is taken to mitigate an imminent threat to the health, safety, or welfare of the people of a political subdivision in accordance with Section 11-51-103, the attorney general shall:

(1)(a) review the legal action brought by the United States or federal representative;
(1)(b) investigate the matter, including conducting interviews of the chief executive officer, county sheriff, or employees or agents of the political subdivision; and
(1)(c) decide in the attorney general's discretion whether to provide a defense for a person named as a defendant in the legal action.
(2) If the attorney general determines to provide or not provide a defense to a person named as a defendant in a legal action described in Subsection (1), that determination does not imply:

(2)(a) a position or opinion by the attorney general as to the merits of the legal action; and
(2)(b) a duty or agreement by the state to pay a monetary judgment for the United States or federal representative that may be obtained against a person named in the legal action.
(3) Subsections (1) and (2) may not be interpreted to prohibit a county from:

(3)(a) reviewing a legal action described in Subsection (1);
(3)(b) investigating the matter, including conducting interviews;
(3)(c) providing a defense for a person named as a defendant in the legal action; or
(3)(d) assisting the attorney general with a duty described in this section.

Legislative History

Enacted by Chapter 296, 2014 General Session