# Chapter 388 *Minnesota statute governing the duties and powers of county attorneys.* Chapter 388 of the Minnesota Statutes governs the office of [[county attorney]] in Minnesota's counties.[^1] The [[Minnesota County Attorneys Association]] summarizes the duties under the chapter as civil counsel to county boards, felony prosecution, juvenile prosecution and diversion oversight, victim services, child protection, child support enforcement, involuntary commitment, and advocacy for strengthened laws.[^2][^1] In Carver County, the office organized under the chapter describes itself this way: "The county attorney serves in a role that is similar to that of an in-house corporate counsel." Its Civil Division's duties include "data privacy compliance under the Minnesota Government Data Practices Act."[^3] The project's at-issue record (AI-Carver-008) sets those functions beside two other powers held by the same elected official. The first is the felony charging power under Chapter 388. The second is the [[§ 13.82]] decision on when criminal investigative data becomes public. The record gives the county's population as 114,379.[^4][^1] The same at-issue record states that no misconduct finding against the officeholder exists in any accessible record.[^4] ## Who The [[Carver County Attorney]] is an elected office. The county's official biography of Mark Metz states that he has been "elected Carver County Attorney since 2011." It also states that he was "reelected to his fourth term in 2022."[^5] The biography lists other positions he has held: - adjunct law professor at the [[Mitchell Hamline School of Law]], described as "teaching appellate advocacy to advanced law students";[^5] - "former chairperson of the Minnesota County Attorney's Urban Board";[^5] - "a past president of the Eighth District Bar Association";[^5] - ethics investigator for the [[Lawyers Professional Responsibility Board]], which the biography names as "the Lawyer's Board of Professional Responsibility."[^5] The at-issue record states that he has held a board seat on the association of all 87 elected county attorneys since 2014 and has led it as president.[^4] ## What The chapter confers felony prosecution on the county attorney, and it also makes the office civil counsel to the [[County Board]].[^1][^2] The [[Carver County Attorney's Office]] has two divisions: - The Civil Division handles county compliance under the [[Minnesota Government Data Practices Act]].[^3] - The Criminal Division "contracts with ten of Carver County's eleven cities" for municipal prosecution.[^3] The at-issue record lists eight functions held by one official:[^4] 1. the charging power under Chapter 388; 2. the § 13.82 decision on the release of criminal investigative data; 3. the county attorneys' association board seat; 4. the adjunct professorship; 5. prior ethics investigation of other lawyers; 6. the design of two courts through which cases leave the adversarial record; 7. the city prosecution contracts; 8. the role of in-house counsel to the county board. ## When The officeholder has held the office since 2011, according to the county biography, and he was reelected to a fourth term in 2022.[^5] According to the at-issue record, his seat on the county attorneys' association board dates from 2014.[^4] ## Where Chapter 388 applies in each of Minnesota's counties.[^1] The at-issue record concerns Carver County, Minnesota.[^4] Within that county, the county attorney's Criminal Division prosecutes under contract for ten of the eleven cities.[^3] ## How many The Carver County Attorney's Office has 34 employees, of whom 19 are attorneys.[^3] Its municipal prosecution contracts cover ten of the county's eleven cities.[^3] According to the at-issue record:[^4] - the county's population is 114,379; - Minnesota has 87 elected county attorneys. ## In the at-issue record Pair AI-Carver-008 has rank 8 and shock 87. It belongs to block A, *The Custody Mechanism*, and is dated 2014.[^4] The pair sets the concentration of functions in one Carver County office beside the record of findings: no misconduct finding against the officeholder exists in any accessible record.[^4] The pair is anchored to the March 2025 presidential action *Stopping Waste, Fraud, and Abuse by Eliminating Information Silos*. The pair gives its reason for that anchor as "concentration of custody is the silo condition at county scale."[^4] The record shows the concentration of these functions in one office. It does not establish why they were combined. It also does not establish that any of them was misexercised.[^4][^3] ## Notes [^1]: Minnesota Revisor of Statutes, *Minnesota Statutes, Chapter 388* (current) — the statute establishing the office and duties of county attorneys, including felony prosecution. https://www.revisor.mn.gov/statutes/cite/388 [^2]: Minnesota County Attorneys Association, *Overview* (undated) — summarizes county attorneys' duties under Chapter 388. https://mcaa-mn.org/page/overview [^3]: Carver County Attorney's Office, *Office Overview* (undated) — in-house counsel self-description; staffing of 34 employees and 19 attorneys; Civil Division data-practices compliance; Criminal Division contracts with ten of eleven cities. https://www.carvercountymn.gov/departments/county-attorney/office-overview [^4]: Minnesota wiki at-issue record, *AI-Carver-008* (2026), anchored to Executive Office of the President, *Stopping Waste, Fraud, and Abuse by Eliminating Information Silos* (March 2025) — the pair's text, figures and stated anchor; the URL is the pair's federal anchor. https://www.whitehouse.gov/presidential-actions/2025/03/stopping-waste-fraud-and-abuse-by-eliminating-information-silos/ [^5]: Carver County, *Mark Metz, County Attorney* (official biography, undated) — election since 2011, fourth term in 2022, adjunct teaching, Urban Board chair, bar association presidency, and ethics investigator role. https://www.carvercountymn.gov/departments/county-attorney/mark-metz-county-attorney