(A) Services of Attorney. The Village Attorney shall have full charge of the law affairs of the village.
(`92 Code, § 1-2-106)
(B) Appointment of Attorney. The Attorney shall be appointed by the Mayor, by and with the approval of the Village Board for the term of one year, unless sooner removed for cause, and until his or her successor shall have been appointed and qualified. The Attorney shall have full charge of the law affairs of the village and shall be known as the Village Attorney and shall receive an annual salary as determined by the appropriation ordinance, compensation for office services and advice, and shall receive reasonable fees for other services rendered when, in his or her judgment, or in the judgment of the Mayor or Village Board, the same are necessary or are for the best interests of the village.
(`92 Code, § 1-2-107)
(C) Duties.
(1) Prosecute for village. The Village Attorney shall prosecute or defend, on behalf of the village, in all cases in which the interests of the corporation or any officer thereof are involved. The Village Clerk shall furnish him or her with certified copies of any ordinance, bond or paper in his or her keeping necessary to be filed or used in any suit or proceedings.
(2) Preparation of ordinances. He or she shall, when required, advise the Village Board or any officer in all matters of law in which the interests of the corporation are involved, and he or she shall draw such ordinances, bonds, forms and contracts or examine and pass upon the same, as may be required of him or her by the Mayor, the Village Board or any committee thereof.
(3) Judgments. He or she shall direct executions to be issued upon all judgments recovered in favor of the village and he or she shall direct their prompt service. He or she shall examine all the bills of the officers of courts and of other officers of the law and shall certify to their correctness and the liability of the village therefore.
(4) Violations of ordinances. He or she shall institute and prosecute an action in every case of violation of a village ordinance when instructed to do so by the Mayor or the Village Board.
(5) Prosecution of suits. He or she shall not be required to prosecute any suit or action arising under the ordinances of the village when, upon investigation of the same, he or she shall become satisfied that the complaint was instituted maliciously, vexatiously or without just cause. He or she shall dismiss or discontinue any such suit or proceeding upon such terms as he or she may deem just or equitable.
(6) Collection of taxes. He or she is hereby authorized and instructed to enforce the collection of any and all taxes and special assessments in the collection of which the village is interested and to attend all sales of real or personal property made to enforce the collection of the taxes or special assessments and to bid thereat on behalf of the village.
(`92 Code, § 1-2-108)
(D) Prosecutor’s fee.
(1) For each complaint that is prosecuted on behalf of the village to enforce the provisions of general ordinances of the village and also to enforce provisions of state statutes, statutes affecting the affairs of the village, there shall be added as costs to be assessed against the defendant in each case the sum of $25 to be known as the Village Prosecutor’s fee.
(2) Upon the defendant being found guilty of the charges as set up in the complaint that is filed on behalf of the village in any of the two above named situations, it shall be the duty of the Court before whom the matter is heard to assess a Village Prosecutor’s fee in the sum of $50, which shall be paid directly to the Prosecutor by the Clerk of the Circuit Court, and that the fine or penalty as assessed by the Court for the violation of the complaint shall be paid to the Village Clerk.
(`92 Code, § 1-2-109)
Statutory reference:
Judiciary provisions, see ILCS Chapter 65, Act 5, §§ 3.1-30-5