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Article V
Legal Officers

Section 5.010. There shall be a county counselor and a prosecuting attorney. Each shall have been a licensed practicing attorney in Missouri for at least five years and a resident of the county for at least three years before assuming office. Each shall devote all of his time to the duties of his office and shall not engage in the private practice of law. Each may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer or employee in his office of any power or duty prescribed for the office by law, by this charter or by ordinance.

County Counselor

Section 5.020. The county counselor shall be appointed by the county executive subject to confirmation by the council and shall hold office at the pleasure of the county executive. He shall be the county's attorney and counselor at law. He may, within the merit system, appoint a deputy county counselor and such number of associate and assistant county counselors as may be authorized by ordinance.

Section 5.030. 1. The county counselor shall have charge of and conduct all of the civil law business of the county, its departments, divisions, offices, officers, boards and commissions. He shall institute, in the name and on' behalf of the county, all civil suits and other proceedings at law or in equity requisite or necessary to protect the rights and interests of the county and enforce any and all rights, interests or claims against any and all persons, firms or corporations in whatever court or jurisdiction such action may be necessary; and he may also appear and interplead, answer or defend, in any proceeding or tribunal in which the county=s interests are involved. He shall prepare or approve as to form all leases, deeds, contracts, bonds, ordinances, rules, regulations, drafts of legislation, and other instruments. He shall institute and prosecute all proceedings for the collection of delinquent taxes and licenses of every kind owing to the county. He shall, upon request, furnish legal advice and opinions to the council, the county executive, department heads, elective officials, and to all county boards and commissions, respecting county business. He shall prosecute violations of county ordinances.

2. The county counselor shall have all powers and duties vested by law in county counselors and attorneys for any officer, office, board, commission or other agency of the county. Neither the council nor any department, division, office, officer, board, commission, or other agency or body of the county shall have any attorney other than the county counselor, except as may be authorized by ordinance in each employment.

Prosecuting Attorney

Section 5.040. The prosecuting attorney shall be elected at the general election in 1982 and every four years thereafter. He shall take office on January 1 following his election.

Section 5.050. A vacancy in the office of prosecuting attorney shall be filled by the county executive subject to confirmation by the council. The person so selected shall be a member of the same political party as the previous occupant. He shall hold office until January 1 following the next general election at which a successor shall be elected for the unexpired or the full term as the case may be.

Section 5.060. The prosecuting attorney shall possess and exercise all the powers and duties now or hereafter given to that office by the constitution, by law and ordinance.

Section 5.070. Whenever in the opinion of the prosecuting attorney it is necessary to make inquiry into the death of any person he may make such inquiry by performing the duties and functions of the coroner as prescribed by the statutes pertaining to inquests or he may initiate a hearing before any associate circuit court in the county where the inquiry shall be conducted in accordance with the statutes pertaining to inquests.