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CALHOUN COUNTY
BOARD OF COMMISSIONERS
POLICY STATEMENT

It is the policy of the Calhoun County Board of Commissioners that the following procedure be used before retaining outside independent legal counsel.

Statutory authority exists under which the County Board of Commissioners, or its agent, may employ an attorney to represent the county in civil matters. The proper procedure for a county official to follow when he or she believes that it is necessary to retain separate counsel is to first request that corporation counsel provide legal service. If corporation counsel consents to the representation, there is no authority to compensate the county official for the costs of independent legal representation.

Certain situations may arise in which corporation counsel determines he or she is unable or unwilling to provide representation. Examples of those situations include, but are not limited to, conflict of interest, unfamiliarity with the case or issues, or lack of expertise.

If corporation counsel is unable or unwilling to provide representation, the County Board of Commissioners is obligated to employ an outside independent attorney retained by the County Board of Commissioners. When the County Board of Commissioners, or the County Administrator in consultation with the Board of Commissioners, approves the retention of counsel, the attorney shall be paid from the general fund.

Compensation for the retained legal services shall be determined by the Board of Commissioners.

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Calhoun County
315 West Green Street
Marshall, MI  49068
Phone:  (269) 781-0700
Fax:  (269) 781-0140

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This page last modified 08/03/05.
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