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Committee advances bill to make Morgan County attorney an appointed, four‑year position

April 21, 2025 | 2025 Legislature IN, Indiana


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Committee advances bill to make Morgan County attorney an appointed, four‑year position
A House committee on April 21 advanced House Bill 1440, a private act for Morgan County that would change the county attorney from an elected post to an appointed position with a four‑year term and remove the county residency requirement, the sponsor said. The committee voted 11-0 to advance the measure to the State and Local Government Committee.

The bill’s sponsor, Representative Butler, told the committee the change is intended for Morgan County, which he said “only has about 22,000 people” and currently has a vacant county attorney post. “This is a private act for Morgan County. The bill amends the following position of the county attorney and makes the position appointed or hired by the county commission to a 4 year term and removes the residency requirement in Morgan County which only has about 22,000 people and the position is currently vacant,” Representative Butler said.

Committee members asked for legal clarification on the residency language and licensing. Mark Dobie of the Office of Legal Services advised that the phrase “licensed practicing attorney” is commonly used and, in practice, would require the county attorney to be barred in Tennessee. “So it's sort of, this language is not uncommon that they use a licensed practicing attorney,” Dobie said. “Sort of wrapped up in that would be the necessity that they would be licensed in Tennessee and the reason being is, you correctly note that they would have to be barred here because otherwise it would be the unlicensed practice of law which would be regulated by the professional board. So even though it's not explicitly written that would be required, you're correct.”

Committee discussion also noted that the county commission would appoint the attorney if the bill becomes law and that Morgan County currently budgets about $10,000 a year for attorney services, reflecting the position's part‑time nature. A committee member said the previous elected attorney resigned to expand a private practice.

The clerk reported the committee vote as 11 ayes and 0 nos. The committee chair announced that House Bill 1440 “passes and goes on to State and Local Government.”

The measure will next be heard by the State and Local Government Committee; no further action was recorded at this meeting.

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Scribe from Workplace AI
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