February 4, 1976
Mr. Floyd E. Meidinger
McPherson County State's Attorney
Leola, South Dakota 57456
OFFICIAL OPINION NO. 76-14
Duty of state's attorney to provide legal services to conservation districts
Dear Mr. Meidinger:
In your opinion request you state that the McPherson County Soil Conservation District has requested that you, as state's attorney, collect past due accounts for services rendered to farmers in the county. Some of the accounts date back several years and are for such services as tree planting and grass seeding.
The specific question you ask is whether SDCL 38-8-47 requires the state's attorney to initiate collection procedures without receiving extra compensation therefor.
SDCL 38-8-47 provides:
The supervisors of a conservation district may employ such agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general of the state and state's attorney of the county or counties in which the district is situated, for such legal services as they may require. The supervisors may delegate to their officers, to one or more supervisors, or to one or more employees such powers and duties as they may deem proper and consistent with this chapter.
The language of the statute regarding the authority of the conservation district to utilize the state's attorney is unmistakably clear. The supervisors may call upon the state's attorney for such legal services as they may require. If the supervisors have requested his assistance, as opposed to retaining a private attorney, the state's attorney is obligated to provide legal services.
The answer to your question is YES.
Without attempting to draw subtle distinctions, I do want to point out that the statute refers to "legal services" as opposed to other services which could be performed by nonlegal agents or employees of the conservation district. You indicate that you have been requested to "proceed with procedures to collect the amounts past due" without specifying whether you have been directed to initiate a civil action or merely employ other collection methods. A state's attorney certainly has the right to use discretion in providing assistance to conservation districts and must exercise judgment in determining the procedures to follow.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:LLV:dk
