January 24, 1975
Representative Menno Tschetter
Beadle County
Huron, South Dakota 57350
OFFICIAL OPINION NO. 75-8
Concurrent county offices
Dear Sir:
You have asked this office for an official opinion as to whether an individual may hold concurrently the offices of State's Attorney and City Attorney.
The answer to this question is yes. There is no constitutional or statutory provision which prevents the dual office holding.
Additionally, in an Attorney General's Opinion issued May 4, 1920, (A.G.R. 1919-1920, p. 443) it was held that the offices of State's Attorney and City Attorney are compatible.
Unless it is demonstrated that the two offices are in fact incompatible, as where one office would be subordinate to the other, or where the functions of the two offices are inherently inconsistent and repugnant, then there appears to be no conflict in one holding both offices simultaneously.
However, where an individual does hold both offices and a conflict between the jurisdictions represented by the attorney develops which would preclude dual representation and require the employment of outside counsel, for the municipality and/or county, the responsibility for remuneration of such outside counsel would be an obligation of the municipal/county attorney.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ/dh
