Smith County, Tennessee Government Accountability

Duties and Responsibilities

Duties of the County Attorney (Tennessee)

The County Attorney (sometimes called the “Law Director”) is the chief legal advisor to county government. Their job is to ensure that the county, its officials, and its departments comply with:

  • Tennessee state law
  • Federal law
  • Constitutional protections
  • ADA Title II
  • Civil‑rights requirements
  • County policies

According to the County Technical Assistance Service (CTAS), the County Attorney is responsible for advising the county mayor and county legislative body on their legal rights and representing the county in legal matters.

Below is a clear explanation of their duties — and what they must do when notified of ADA or civil‑rights violations.

1. The County Attorney Must Advise County Officials on Compliance With State and Federal Law

The County Attorney’s primary duty is to advise the county mayor, county commission, and county departments on their legal obligations. This includes:

  • ADA Title II
  • Civil‑rights laws
  • Constitutional rights
  • Tennessee statutes
  • Public‑records laws
  • Nondiscrimination requirements

If a county practice, policy, or administrative order violates the law, the County Attorney must inform county leadership and recommend corrective action.

2. The County Attorney Must Act When Notified of ADA Violations

When the County Attorney is notified of an ADA Title II violation, they must:

Review the complaint or issue                                                                                                                             Advise the county mayor and ADA Coordinator                                                                                                Ensure the county understands its legal obligations                                                                                Recommend corrective action                                                                                                                    Ensure the county does not continue an unlawful practice

The County Attorney cannot ignore ADA violations because ADA Title II is federal law, and counties are legally required to comply.

3. The County Attorney Must Act When Notified of Civil‑Rights Violations

Civil‑rights violations include:

  • discrimination
  • denial of access to courts
  • unequal treatment
  • unconstitutional policies
  • selective enforcement
  • ADA discrimination

When notified of a civil‑rights issue, the County Attorney must:

Investigate the legal issue                                                                                                                                        Advise county officials on their obligations                                                                                              Recommend immediate corrective action                                                                                                       Ensure the county stops unlawful conduct                                                                                                  Protect the county from liability

The Tennessee Attorney General’s Civil Rights Enforcement Division enforces anti‑discrimination laws statewide, showing that civil‑rights compliance is a mandatory legal duty, not optional.

4. The County Attorney Must Ensure the County Does Not Enforce Unlawful Administrative Orders

A judge’s administrative order cannot override:

  • ADA Title II
  • Federal civil‑rights laws
  • The U.S. Constitution
  • Tennessee statutes

If an administrative order violates higher law, the County Attorney must:

Advise the county mayor and sheriff not to enforce the unlawful portion                                                           Notify the issuing court through proper channels                                                                                 Recommend revisions or accommodations                                                                                              Document the legal conflict

The County Attorney’s duty is to the law, not to the administrative order.

5. The County Attorney Must Protect the County From Liability

If the county continues an unlawful practice after being notified, the county can face:

  • ADA lawsuits
  • Civil‑rights lawsuits
  • Federal investigations
  • State enforcement actions
  • Personal liability for officials in some cases
  • The County Attorney must:                                                                                                                             Warn county officials of legal risks                                                                                                       Recommend immediate compliance                                                                                                                   Ensure corrective action is taken                                                                                                              Document all advice given

Failure to act can expose the county to significant legal consequences.

6. The County Attorney Must Represent the County in Legal Matters

If a civil‑rights or ADA complaint becomes a lawsuit, the County Attorney is responsible for:

  • defending the county
  • negotiating settlements
  • advising on corrective measures
  • ensuring compliance going forward

This makes early action essential — the County Attorney must address violations before they escalate.

7. The County Attorney Must Coordinate With the ADA Coordinator

When ADA issues arise, the County Attorney must work with the ADA Coordinator to ensure:

  • reasonable accommodations
  • policy modifications
  • nondiscriminatory access
  • proper grievance handling
  • compliance with federal regulations

The ADA Coordinator handles operations; the County Attorney handles legal compliance.