Duties of the County Attorney
County Attorney: Janelle P. Kendall

Stearns County Attorney Janelle Kendall, like all 87 elected county attorneys, has many criminal and civil legal responsibilities. The following is a summary of the duties of the county attorney and the county attorney's relationship to the county board and county departments.


Adult Prosecution

  • Prosecutes felony crimes (crimes which carry a potential penalty of time in prison) which occur within a county.  Including:
    • Murder
    • Sexual Assault
    • Drug Offenses
    • Serious Property Offenses
    • Child Abuse

  • Prosecutes misdemeanors and gross misdemeanors (crimes which carry a maximum penalty of less than one year in jail) that occur outside of incorporated areas as well as in those cities for which the office holds prosecution contracts:
    • Sauk Centre
    • St. Augusta
    • Brooten
    • Holdingford
    • Belgrade
    • Eden Valley
    • Avon
    • Rockville

  • Duties may involve:
    • Reviewing the investigation provided by law enforcement officers
    • Filing criminal complaints
    • Presenting cases before a grand jury
    • Representing the state in court hearings and trial
    • Making sentencing recommendations.


The prosecutorial duties of the county attorney are enumerated in eighty-eight (88) separate Minnesota statutes.


Civil Advice and Litigation

  • The county attorney is the legal advisor for:
    • County Board of Commissioners
    • County Officials
    • County Departments

As the legal advisor for the county, the county attorney serves in a role that is similar to that of an in-house corporate counsel.

  • The county attorney provides legal advice in areas involving:
    • Waste Management
    • Defending challenges to property tax values
    • Representing the Human Services Department on welfare appeals
    • Enforcing state law and county ordinances concerning environmental and health matters
    • Forfeiting property used in connection with criminal activity
    • Assists the county in buying property, negotiating leases and contracts
    • Defending other law suits brought in state and federal court
    • Involuntary commitment actions to provide necessary treatment for individuals who are mentally ill, chemically dependant, or mentally challenged
    • Bringing actions to obtain or enforce child support obligations, or to establish the paternity of a child, in order to obtain reimbursement for assistance and other costs to the taxpayers, for little to no cost
    • Starting legal proceedings to protect the health and safety of vulnerable adults within the county when they are in need of assistance


There are one hundred forty (140) separate Minnesota statutes that enumerate the county attorney's duties to represent or protect the county's interests in civil actions. In additions, there are seventeen (17) Minnesota statutes that contain the county attorney's duties to render civil advice and reviews of a specific nature. The county attorney is the statutory advisor/counselor to fifteen (15) agencies and officials.


Juvenile Prosecution and Child Protection

  • Prosecutes all cases involving juvenile offenders. Ranging from curfew violations to the most serious felony criminal behavior for which a juvenile may stand trial as an adult and receive an adult sanction, including a prison sentence.

  • Administers a diversion program which allows juvenile offenders to receive consequences involving less serious offenses without going to court. The program is intended to hold the juvenile accountable and often include educational and restorative justice components to reduce recidivism.

  • Initiates CHIPS (Child in Need of Protection or Services) petitions to protect abused or neglected children in the county and enforce truancy laws.


Victim and Witness Assistance

County attorneys provide assistance and support to the victims and witnesses who play a vital role in the criminal and juvenile justice systems. They advise crime victims of their legal rights, request restitution for losses suffered, and are a conduit for emergency assistance to victims when criminal activity creates hardship.


Pursuing Improvement & Prevention

  • Seeks new laws to strengthen law enforcement, criminal justice, child protection, victim's rights, and other areas.

  • Initiates and/or participates in efforts to prevent or reduce crime in the local communities and statewide such as:
    • County Attorney Kendall's anti-bullying initiative
    • Keeping Kids Safe in Cars campaign
    • Active leadership in the Minnesota County Attorney's Association on the Board of Directors


Other Duties of the County Attorney

The county attorney has twenty-one (21) statutory responsibilities for civil and criminal issues not involving litigation, seven (7) specific duties related to establishing and maintaining policies, seventeen (17) duties regarding membership in or consultation with various entities, and sixteen (16) statutory mandates concerning filing reports and notices. Stearns County Attorney Janelle Kendall could not perform many of the duties required without the twenty-two (22) assistant county attorneys who help carry them out. The county attorney must supervise these assistants, establish policies and guidelines to be used by them, and perform necessary administration to ensure that the duties and responsibilities of the office are completed to the strict standards set forth in statutes, rules of the court, and by the Lawyers Board of Professional Responsibility.

The county attorney has twenty-one (21) statutory responsibilities for civil and criminal issues not involving litigation, seven (7) specific duties related to establishing and maintaining policies, seventeen (17) duties regarding membership in or consultation with various entities, and sixteen (16) statutory mandates concerning filing reports and notices. Stearns County Attorney Janelle Kendall could not perform many of the duties required without the twenty-two (22) assistant county attorneys who help carry them out. The county attorney must supervise these assistants, establish policies and guidelines to be used by them, and perform necessary administration to ensure that the duties and responsibilities of the office are completed to the strict standards set forth in statutes, rules of the court, and by the Lawyers Board of Professional Responsibility.

See the duties of the County Attorney: Minnesota Statutes, Section 388 www.revisor.leg.state.mn.us/stats/388/

Minnesota County Attorneys Association www.mcaa-mn.org