Kansas Attorney General Opinion 2018-18: County counselor duties in civil matters

When a board of county commissioners appoints a county counselor, all duties in civil matters, otherwise required by law of the county attorney, pass to the county counselor, including the filing of child in need of care petitions. The duties of the county attorney are defined by statute: “[I]t shall be the duty of the county attorney to appear in any court having jurisdiction within the county and prosecute or defend on behalf of the people all actions and proceedings, civil or criminal, in which the state or the county is a party or interested.”1 Among the civil proceedings for which the county attorney is responsible are CINC cases.2
Likewise, the duties of the county counselor are defined by statute: “The county counselor shall . . . perform all the duties in civil matters that have previously been required by law of the county attorney.”3