TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 26

PROSECUTING ATTORNEY

31-2603.  Special prosecutor — Appointment. (a) When the prosecuting attorney for the county is absent from the court, or when he has acted as counsel or attorney for a party accused in relation to the matter of which the accused stands charged, and for which he is to be tried on a criminal charge, or when he is near of kin to the party to be tried on a criminal charge, or when he has a business connection or kinship with the complainant or defendant, or when he is unable to attend to his duties, the district court may, upon petition of the prosecuting attorney or board of county commissioners, by an order entered in its minutes, stating the cause therefor, appoint some suitable person to perform for the time being, or for the trial of such accused person, the duties of such prosecuting attorney, and the person so appointed has all the powers of the prosecuting attorney, while so acting as such.

(b)  The prosecuting attorney may petition the district judge of his county for the appointment of a special assistant attorney-general to assist in the prosecution of any criminal case pending in the county; and if it appears to the district judge to whom such petition is addressed that good cause appears for granting such petition, the district judge, may, with the approval of the attorney-general, appoint an assistant attorney-general to assist in such prosecution. The compensation of the person so appointed shall be fixed by agreement between the district judge and the attorney-general and shall be paid by the attorney-general out of appropriations made available for the conduct of his office.

History:

[(31-2603) 1897, p. 74, sec. 2; reen. 1899, p. 24, sec. 2; am. and reen. R.C. & C.L., sec. 2081; C.S., sec. 3654; I.C.A., sec. 30-2103; am. 1953, ch. 239, sec. 2, p. 360; am. 1988, ch. 295, sec. 1, p. 936.]