Board of Supervisors v. Woodall

I regret that I must dissent. I believe the statement by Chief Judge Froeb in the opinion of the Court of Appeals succinctly states my position. Board of Supervisors v. Woodall, 120 Ariz. 391, 586 P.2d 640 (App.1978):

“There is a difference, however, between duty and exclusive power.

“We are unable to accept the argument that duty to render legal advice is an exclusive power reposed in the office of the county attorney. There is no statute so stating as there is with regard to the Arizona attorney general in A.R.S. § 41-192. [footnote omitted] It is logical that the legislature would provide…