Opinion No. (1983)

REQUESTED BY: Senator Rex Haberman Nebraska State Legislature State Capitol Lincoln, Nebraska 68509

Dear Senator Haberman:

This is in reply to your letter in which you state you are considering introducing legislation pertaining to the responsibilities of county attorneys.

You first ask:

1. It is (sic) Is it the responsibility of a county attorney to prosecute crimes when such crimes would be a violation of a state statute and a village ordinance.

The duty of the county attorney in this regard is set forth in Neb.Rev.Stat. § 23-1201 (Supp. 1982) which provides in part:

Except as provided in section…