The public attorney you pay to protect you but don’t know

If you have ever wondered what the borough attorney actually does, you are not alone. Many people picture a courtroom lawyer arguing dramatic cases in front of a jury. In reality, the Mat-Su Borough Attorney’s Office spends most of its time giving legal advice, reviewing contracts, defending the borough in lawsuits, and making sure local laws follow state and federal rules. Think of the borough attorney as the borough’s legal counselor and protector, not a prosecutor who puts people in jail.

The borough employs its own attorneys to handle day-to-day legal work. These lawyers advise the Assembly, the Mayor, and borough departments. They review land-use permits, employment issues, and public records requests. They also defend the borough if someone sues over a zoning decision, a car accident involving a borough vehicle, or a dispute about a contract. Because these attorneys work for the borough every day, they know local ordinances, borough procedures, and the community’s needs very well. All of them work for the Borough Attorney, who is appointed by the Borough Assembly, as all department heads are.

There are times the borough hires outside counsel. First, a case may require special expertise that the borough staff does not have, such as complex federal environmental law or a complicated real estate dispute. Second, if there is a conflict of interest, the borough must bring in an outside lawyer. For example, if a borough employee is involved in a legal matter, the borough attorney cannot represent both the borough and that employee. Third, a very large or high-stakes lawsuit may simply need more people and time than the in-house team can provide.

When the borough hires outside counsel, it still controls the case. However, the outside lawyers perform the heavy lifting under the borough attorney’s supervision.

Can municipal attorneys take cases to trial? Yes, they can. Borough attorneys are licensed lawyers, just like private attorneys. If a lawsuit against the borough cannot be settled, the borough attorney can argue the case in court. However, parties often resolve many disputes through negotiation or mediation long before a trial begins. Trials are expensive, time-consuming, and unpredictable. The borough usually prefers to settle when it makes financial and practical sense. Still, if a trial is necessary, the borough attorney is fully qualified to step into the courtroom.

Now, here is an important distinction that confuses many people. Local ordinance violations are civil matters, not criminal matters. If you violate a borough ordinance, such as a zoning rule or animal code, the borough handles it through civil fines, hearings, or administrative penalties. You will not go to jail for a borough ordinance violation.

When would a municipal attorney take a case to trial rather than having the state file charges? The answer is tied to that civil-versus-criminal line. If the borough is suing someone to enforce a civil ordinance or defend borough property, the borough attorney handles that civil trial.

If the issue involves a crime, the borough refers it to the Alaska State Troopers or the state prosecutor’s office. Criminal charges, such as theft or assault, are filed by the State of Alaska’s District Attorney’s Office.

If you want to learn more, you can contact the Mat-Su Borough Attorney’s Office directly at 907-861-8440. You can also visit the borough website to read local ordinances, view Assembly meeting recordings, and find public records.

Christian M. Hartley is a 40-year Alaskan resident with over 25 years of public safety experience and public service. He runs a freelance business, Big Lake Writer, from home in Big Lake that he shares with his wife of 19 years and their three teenage sons.