Opinions and advice to county; opinions or advice to county hospital not required

19-704. Opinions and advice to county; opinions or advice to county hospital not required. (a) Except as otherwise provided in this section, the county attorney shall without fee or reward, give opinions and advice to the board of county commissioners and other civil officers of the county, when requested by such board or officers, upon all matters in which the county is interested, or relating to the duties of such board or officers, in which the state or county may have an interest. (b) No county attorney shall be required to give opinions or advice to the board of county commissioners with regard to the operation of the county hospital nor shall the county attorney be required to give opinions or advice to the board of the county hospital. The county attorney may give opinions and advice to the board of county commissioners and to the board of the county hospital when requested to do so by either or both such boards. History: G.S. 1868, ch. 25, § 138; R.S. 1923, 19-704; L. 1984, ch. 100, § 3; July 1. Source or Prior Law: L. 1864, ch. 31, § 11. Attorney General's Opinions: Members of board of education of unified school district; compatibility with other officers. 81-21. County attorney; duty to collect delinquent county hospital accounts. 81-196. County; counselor; county attorney; duties of. 82-210. County commissioner; eligibility to serve simultaneously as county hospital trustee. 83-11. County attorneys; fees and salaries; additional compensation. 87-179. County attorney and county counselor; duties; juvenile matters. 92-67. Expenditure of county money for legal counsel for county officer or employee under investigation by grand jury. 92-87. When a county has established the position of county counselor, but the county attorney is temporarily performing the duties of that office due to a vacancy, the county attorney is not prohibited from accepting a fee for such work in addition to the county attorney's salary. The statutory duties of the county counselor do not revert back to the county attorney and, therefore, the prohibition against additional fees for performance of such duties by a county attorney does not apply. 2025-4. CASE ANNOTATIONS 1. County attorney is not obliged to act upon his own knowledge. The State v. Trinkle, 70 Kan. 396, 408, 78 P. 854. 2. Action to recover money wrongfully paid rests with commissioners. Kerby v. Clay County, 71 Kan. 683, 686, 81 P. 503. 3. Sheriff justified in acting on advice of county attorney. In re Broadhead, 74 Kan. 401, 86 P. 458. 4. Incompatible for county attorney to hold office of deputy clerk. Moore v. Wesley, 125 Kan. 22, 24, 262 P. 1035. 5. Cited in construing duties of county attorney. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 105, 12 P.2d 816. 6. Cited; mandamus proceedings concerning assessment of gas leaseholds (dissenting opinion). Mobil Oil Corporation v. McHenry, 200 Kan. 211, 249, 436 P.2d 982. 7. Due process not offensive to provisions of section; test applied. State v. Boone, 218 Kan. 482, 488, 543 P.2d 945. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026