Opinion No. (2011)

Dear Senator Brown:

This opinion is in response to your request regarding whether the Phelps County Commissioners must comply with § 56.265, RSMo 2000, and pay the prosecutor the same pay increases given to the associate circuit judges in 2007, 2008, and 2009.

The facts you provided state that the Phelps County Commissioners have refused to give the Phelps County Prosecutor the same pay increase given to associate circuit judges, because the commissioners think it is an unconstitutional midterm pay increase. We assume that Phelps County is a non-chartered third-class county.

"Statutes are…