Print Friendly SENATE BILL NO. 1168 – County, contract w/prosecuting atty
SENATE BILL NO. 1168
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S1168......................................................by STATE AFFAIRS
COUNTY COMMISSIONERS - Amends existing law to provide that an attorney who
has a contract with the Board of County Commissioners to be prosecuting
attorney shall not be considered to hold the Office of Prosecuting
Attorney, within the meaning of section 31-2601, Idaho Code, for the county
with which the contract exists.
02/28 Senate intro - 1st rdg - to printing
03/01 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1168
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PROSECUTING ATTORNEYS; AMENDING SECTION 59-907, IDAHO CODE, TO
3 PROVIDE THAT AN ATTORNEY WHO HAS CONTRACTED WITH THE BOARD OF COUNTY COM-
4 MISSIONERS TO BE PROSECUTING ATTORNEY SHALL NOT BE CONSIDERED TO HOLD THE
5 OFFICE OF PROSECUTING ATTORNEY, WITHIN THE MEANING OF SECTION 31-2601,
6 IDAHO CODE, FOR THE COUNTY WITH WHICH THE CONTRACT EXISTS; AND DECLARING
7 AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 59-907, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 59-907. PROSECUTING ATTORNEY -- VACANCY -- RESIDENCY. In the event a
12 vacancy exists and there are three (3) or fewer resident attorneys in the
13 county who are willing and qualified to perform the functions of prosecuting
14 attorney as set forth in chapter 26, title 31, Idaho Code, the board of county
15 commissioners may appoint and/or contract with an attorney from outside the
16 county to perform the duties of prosecuting attorney for the balance of the
17 unexpired term or such shorter period as the board of county commissioners
18 shall determine. An attorney who has contracted with the board of county com-
19 missioners pursuant to this section shall not be considered to hold the office
20 of prosecuting attorney, within the meaning of section 31-2601, Idaho Code,
21 for the county with which the contract exists.
22 SECTION 2. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval.
STATEMENT OF PURPOSE
As rural counties seek to fill their positions of a prosecuting
attorney in their county, sometimes those positions remain vacant
due to the lack of eligible attorneys residing in the community.
To remedy this, County Commissioners have entered into contracts
with another Prosecuting Attorney in an adjacent county to
fulfill their legal obligations to provide legal services for
their county(Idaho Code, Section 59-907). Yet, a Prosecuting
Attorney is prohibited from holding another state or county
office during the term of his/her office as Prosecuting Attorney
(Idaho Code, section 31-2601). Considering this dilemma, this
bill attempts clarify Idaho Code by stating that an attorney who
has contracted with a board of county commissioners will not be
considered to hold the office of Prosecuting Attorney for the
county with which the contract exists.
Name: Senator Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE S 1168