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Romley v. Arpaio2/19/2002
County Attorney's favor.
In light of this decision, we do not address the parties' arguments that assume the accuracy of the Sheriff's proposed interpretation of Rule 10.07. Likewise, we do not consider whether the Board can lawfully delegate its authority to hire litigation counsel in the manner suggested by the Sheriff. Nor do we decide the role of the County Attorney in retaining attorneys to represent county officials when the County Attorney cannot provide counsel due to a conflict of interest.
CONCLUSION
For the foregoing reasons, we hold that Commission Rule 10.07 does not authorize the Sheriff to choose independent counsel to represent him in Commission appeals. Because the Sheriff lacks statutory authority to make this choice, and because neither the Board nor the County Attorney approved the Sheriff's selection of counsel, we affirm the entry of summary judgment in favor of the County Attorney.
Ann A. Scott Timmer Presiding Judge
CONCURRING:
Noel Fidel, Judge
Philip Hall, Judge
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