Panel recommends bill allowing cities to contract municipal prosecutors

Senate Bill 163, presented to the House Political Subdivisions Committee by Senator Pitcher, clarifies that municipalities may contract with private attorneys to provide municipal prosecution services — the same authority already granted to counties. Senator Pitcher said the bill addresses a gap exposed by litigation in Cottonwood Heights and would protect cities that already use contracted prosecutors from liability.

"This bill deals with municipalities' abilities to contract with contract attorneys for the provision of prosecution services," Pitcher told the committee. "There's a provision in the code that specifically allows counties to do this, but the code is silent with regards to municipalities." He said many cities already rely on contract attorneys when a city caseload does not warrant a full-time employee.

Only one public commenter joined the hearing on this bill. Thomas Seiren of the Mill Creek City Council said his city already uses contract attorneys and asked the committee to codify the practice to reduce liability for smaller cities. "By passing this, it would chill us from liability and codify what has already been happening," Seiren said.

Representative Walter moved to recommend the bill favorably. The motion carried with a recorded nay from Representative Hansen, according to the hearing record. The committee’s recommendation sends the bill forward for further consideration.