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County attorney vacancy: council given state‑code timeline, interim appointment process

Cache County Council · January 14, 2026
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Summary

County legal staff reviewed the statutory process for filling a county attorney vacancy: the county central committee submits up to three nominees within 30 days, the council must appoint one within 45 days, and an interim acting county attorney may be designated from deputies under state code.

Speaker 9 (county legal staff) briefed the council on the state‑code procedure that applies when a county attorney’s office becomes vacant with an unexpired term under two years. Per the explanation given at the meeting, the county central committee of the same political party will accept applications and submit up to three nominees to the county legislative body within 30 days. Within 45 days after the vacancy occurs, the county legislative body must appoint one of those nominees to fill the unexpired term.

Legal staff also explained the interim process: the county legislative body may appoint a deputy county or district attorney to serve as acting county attorney until the vacancy is filled, provided there are at least three deputies available. The staff member read the relevant code language aloud and confirmed the council could appoint an interim at its February meeting.

Council members agreed the council should name an acting county attorney at the next regular meeting as an interim measure and then receive the three nominees from the central committee for final appointment per statute.