County Commission Chairman Mark Habbeshaw said commissioners negotiated a settlement this week that the legal action would be dropped if Hummel steps down.
But Hummel will continue to serve as interim county attorney until a replacement is found.
The legal action had been brought by former County Attorney Eric Lind, who had resigned in late 2005. The County Commission, faced with the fact that fewer than four lawyers live in Kane County, appointed Hummel, a Washington County resident, as interim attorney.
Hummel beat two opponents in the 2006 election, including Lind, who ran as a write-in candidate. Lind then filed a complaint in 6th District Court in Kanab contesting Hummel's eligibility.
Neither Hummel nor Lind could be reached for comment.
- Mark Havnes