Q Our County does not have an elected county attorney. May the board appoint and contract with a county attorney who resides outside of the county?

A The board of supervisors can contract with an attorney who is not a resident of the county to serve as its county prosecutor. In a county where there is no elected prosecutor, there is no requirement that the board of supervisors appoint someone who lives in the county to fill the appointed county prosecutor seat, as the county prosecutor in such a case does not hold “office.” (Attorney General’s Opinion to Barry, January 3, 2020)