Murphy v. Grand County

¶1(dissenting).

¶2I agree that the Board of County Commissioners “cannot fix the salary so low as to amount to destruction of the office or create a situation where no competent person would perform the duties of the office for that compensation,” and that “an express showing of bad motive is” not necessary. Fixing the salary of the county attorney for Grand County at $10.00 per year is no compensation at all and could have no other effect than to destroy the office or make it so that no competent person would perform the duties of that office for that sum. It seems clear that such salary would be no inducement to a competent person to accept the office and perform the duties thereof. This case is distinguishable from Butler v. Williams, 207 Cal. 732, 279 P. 992, in that there the salary was fixed at $10.00 per month, twelve' times as much as here, and the term of office covered a period from 1927 to 1931 when the value of a dollar was much greater than now.

¶3The office of county attorney is created by express constitutional provision,1 and the statutory duties thereof cover the whole range of governmental activities in the county, tie must cause the arrest of and prosecute in the justices’ court all public offenders in the county and assist the district attorney in his prosecution in the district court. He must represent the interests of juveniles charged with delinquency in the juvenile court, represent the state in juvenile custody cases and prosecute persons charged in the juvenile court with contributing to the delinquency of minors; he must approve or reject all claims for juror fees and fees for witnesses in criminal cases; he must defend all actions against the county and prosecute for the county all actions for debt, fines, penalties and forfeitures; he must give his opinion to all county, district and precinct officers *418and must give receipts and account monthly for all moneys and property received by him in his official capacity.2 He is the official adviser of the Board of County Commissioners and must pass ■ on all claims against the county.3 He must forward to the district attorney the transcript of all examinations before a justice of the peace of persons charged with felony and held for the district court with a list of the witnesses for the state and a statement of- the facts.4 He must institute suit's to recover all forfeitures' by the county treasurer.5 He must appear and represent the child in cases for the annulment of an adoption.6 Ño warrant for the arrest of any person shall be issued by a justice of the peace except on his approval.7 He must institute proceedings to enforce the banking laws,8 institute bastardy proceedings and examine the woman in the presence of the defendant,9 prosecute violations of the blue sky laws,10 and in all cases where foul play is suspected he must receive the death certificate and investigate the bodies and circumstances of'death and make recommendations on whether an inquest should be held;11 he must be served with summons in all divorce cases charging permanent insanity and must investigate the merits of the case and defend the rights of the person so charged,12 and witness the drawing of the names of all trial and grand jurors.13 He must prosecute the violation of election laws,14 laws requiring campaign statements,15 and the corrupt practice act.16 He must examine and certify the fees of all jurors and all witnesses in criminal cases,17 institute suits to recover all moneys unlawfully paid by the county;18 upon request, aid in the prosecution or defense of workmen’s compensation suits,19 collect property of deceased from justice of the peace and the costs of inquests from the estate of the deceased,20 prosecute military offenses,21 institute proceedings for a bond to keep the peace and prosecute the violation thereof,22 and is the legal' adviser of the state engineer on matters in his county.23 He must prosecute on the assessor’s bond for failure to complete assessments,24 bring án action to set aside any unlawful *419levy,25 institute and prosecute actions in behalf of the trade commission,26 and prosecute for the operation of all unlawful pools and trusts.27

¶4Though the county attorney is not required to be admitted to the bar, still it was the duty of the board of county commissioners to make his compensation sufficient to induce a competent person to accept the office and perform the duties thereof efficiently. If the salary was fixed so low because they do not expect competent services, then their purpose in fixing it so low is to destroy the office and not be bothered with such an officer. It is not material here whether this plaintiff efficiently performed any services or not. It was the board’s duty to fix reasonable compensation for the services required of that office so that the office would perform its proper functions, and not to reduce the compensation so low that no services could be expected therefrom. The latter would have the effect of destroying the office, which the law forbids the board to do.

¶5Grand County has an assessed valuation of $4,976,689 and a population of about 2000 people. Even assuming that its population is exceedingly law abiding and its county business is unusually small, a reading of the duties of the county attorney makes it very clear that compensation for the discharge of the duties of that office would amount to many times the nominal sum allowed. There are bound to be some arrests' made, a lot of claims presented to the county and much advice and some litigation over claims against the' county which he should attend to. I think it entirely outside of the bounds of reason to hold that $10.00 per year is any compensation for the services required, and that such a salary-could have any other effect than to destroy the office and render it incapable of being of any value to the county.