TITLE 39

HEALTH AND SAFETY

CHAPTER 4

PUBLIC HEALTH DISTRICTS

39-421.  Special counsel of district board. The district board is hereby authorized to engage special counsel to defend it and the members in all action and proceedings brought against it or them with respect to their official duties hereunder. In addition, such special counsel may bring any civil action requested by the district board. The special counsel may request the prosecuting attorney of any county within the district for appointment as special prosecutor to assist in prosecuting any alleged violations of any of the provisions of this chapter which occurred within such county. Upon receipt of such request, the prosecutor of such county may forthwith designate the district’s special counsel as special prosecutor to assist in prosecuting the alleged offender, and such special counsel shall have all the powers of a prosecuting attorney while acting as special prosecuting attorney. Compensation of such special counsel for acting as special prosecutor shall be paid by the district and subject to recovery as provided in section 39-419, Idaho Code.

History:

[39-421, added 1970, ch. 90, sec. 13, p. 218; am. 1976, ch. 179, sec. 5, p. 648; am. 1992, ch. 122, sec. 3, p. 401.]