Haralson County v. Kimball

McMurray, Senior Appellate Judge.

In this appeal we are asked to decide whether, under OCGA § 45-9-21 (e) (2), a county which sues one of its duly elected officials for exceeding his budget can be ordered to pay the official’s reasonable attorney fees and costs.

OCGA § 45-9-21 (e) (2) provides in pertinent part:

In any civil case in which the county attorney has a conflict of interest which would ethically prevent the county attorney from representing both the county, the governing authority of the county, or another county officer or employee and the county officer, upon a determination by the…