acknowledging that the prosecuting attorney must be excused from representation of the quorum court where it is in an adversarial position with other county officials whom the prosecutor is also called upon to advise
How later courts described this case
- acknowledging that the prosecuting attorney must be excused from representation of the quorum court where it is in an adversarial position with other county officials whom the prosecutor is also called upon to advise
Written by the judges who cited it.
Distinguished
Distinguished by Holloway v. Arkansas State Board of Architects, 79 Ark. App. 200 (2002)
The case of McCuen v. Harris, supra, cited by appellant, is distinguishable in that it was a local prosecuting attorney, not the Attorney General, who was representing both sides in the same litigation.
The opinion
John I. Purtle, concurring in part, dissenting in part. I concur in the result as to the attorney’s fee and the granting of the prosecuting attorney’s request to be relieved. However, I would decide the other matters presented rather than send them back for a stipulation of disputed facts. After all, we know what the dispute is about, and it will be back up here as soon as the facts are stipulated and the court rules again on the disputed items.