TITLE 59

PUBLIC OFFICERS IN GENERAL

CHAPTER 9

RESIGNATIONS AND VACANCIES

59-907.  Prosecuting attorney — Vacancy — Residency — Contracting with another prosecuting attorney. (1) In the event a vacancy exists and there are three (3) or fewer resident attorneys in the county who are willing and qualified to perform the functions of prosecuting attorney as set forth in chapter 26, title 31, Idaho Code, the board of county commissioners may appoint and/or contract with an attorney from outside the county to perform the duties of prosecuting attorney for the balance of the unexpired term or such shorter period as the board of county commissioners shall determine.

(2)  A county may contract for prosecutorial services with another prosecuting attorney provided that:

(a)  The circumstances of subsection (1) of this section have occurred;

(b)  The boards of county commissioners of both affected counties adopt resolutions so authorizing the prosecutor to fill the vacancy or appointment and/or contract; and

(c)  The length of the term of appointment or contract complies with subsection (1) of this section.

(3)  Subsection (2) of this section shall operate as a limited exception to that portion of section 31-2601, Idaho Code, that prohibits a prosecuting attorney from holding any other county office.

History:

[59-907, added 1988, ch. 295, sec. 2, p. 936; am. 1996, ch. 158, sec. 1, p. 501; am. 2006, ch. 115, sec. 1, p. 314.]