17-18-1 - Powers -- Duties of county attorney -- Prohibitions.
17-18-1. Powers -- Duties of county attorney -- Prohibitions.
(1) (a) In each county which is not within a prosecution district, the county attorney is apublic prosecutor and shall:
(i) conduct on behalf of the state all prosecutions for public offenses committed within thecounty, except for prosecutions undertaken by the city attorney under Section 10-3-928 andappeals from them;
(ii) institute proceedings before the proper magistrate for the arrest of persons chargedwith or reasonably suspected of any public offense when in possession of information that theoffense has been committed, and for that purpose shall attend court in person or by deputy incases of arrests when required; and
(iii) when it does not conflict with other official duties, attend to all legal businessrequired in the county by the attorney general without charge when the interests of the state areinvolved.
(b) All the duties and powers of public prosecutor shall be assumed and discharged by thecounty attorney.
(2) The county attorney:
(a) shall appear and prosecute for the state in the district court of the county in allcriminal prosecutions;
(b) may appear and prosecute in all civil cases in which the state may be interested; and
(c) shall render assistance and cooperation as required by the attorney general in:
(i) all cases that may be appealed to the Supreme Court and shall prosecute the appealfrom any crime charged by the county attorney as a misdemeanor in the district court; and
(ii) investigations involving the Office of the Attorney General, including those describedin Subsection 67-5-18(3)(f).
(3) The county attorney shall:
(a) attend the deliberations of the grand jury;
(b) draw all indictments and informations for offenses against the laws of this state withinthe county;
(c) cause all persons indicted or informed against to be speedily arraigned;
(d) cause all witnesses for the state to be subpoenaed to appear before the court or grandjury;
(e) examine carefully into the sufficiency of all appearance bonds that may be tendered tothe district court of the county;
(f) upon the order of the court, institute proceedings in the name of the state for recoveryupon the forfeiture of any appearance or other bonds running to the state and enforce thecollection of them; and
(g) perform other duties as required by law.
(4) The county attorney shall:
(a) ascertain by all practicable means what estate or property within the county hasescheated or reverted to the state;
(b) require the assessor of taxes of the county to furnish annually a list of all real orpersonal property that may have so escheated or reverted; and
(c) file a copy of the list in the office of the state auditor and of the attorney general.
(5) The county attorney shall:
(a) each year on the first business day of August file a report with the attorney general
covering the preceding fiscal year, stating the number of criminal prosecutions in the district, thecharacter of the offenses charged, the number of convictions, the amount of fines and penaltiesimposed, and the amount collected; and
(b) call attention to any defect in the operation of the laws and suggest amendments tocorrect the defect.
(6) The county attorney shall:
(a) appear and prosecute for the state in the juvenile court of the county in any proceedinginvolving delinquency;
(b) represent the state in any proceeding pending before the juvenile court if any rights tothe custody of any juvenile are asserted by any third person; and
(c) prosecute before the court any person charged with abuse, neglect, or contributing tothe delinquency or dependency of a juvenile.
(7) The county attorney shall:
(a) defend all actions brought against the county;
(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeituresaccruing to the county;
(c) give, when required and without fee, an opinion in writing to county, district, andprecinct officers on matters relating to the duties of their respective offices;
(d) deliver receipts for money or property received in an official capacity and fileduplicates with the county treasurer; and
(e) on the first Monday of each month file with the auditor an account verified by oath ofall money received in an official capacity during the preceding month, and at the same time pay itover to the county treasurer.
(8) A county attorney may not:
(a) in any manner consult, advise, counsel, or defend within this state any person chargedwith any crime, misdemeanor, or breach of any penal statute or ordinance;
(b) be qualified to prosecute or dismiss in the name of the state any case in which thecounty attorney has previously acted as counsel for the accused on the pending charge; or
(c) in any case compromise any cause or enter a nolle prosequi after the filing of anindictment or information without the consent of the court.
(9) If at any time after investigation by the district judge involved, the judge finds andrecommends that the county attorney in any county is unable to satisfactorily and adequatelyperform the duties in prosecuting a criminal case without additional legal assistance, the attorneygeneral shall provide the additional assistance.
Amended by Chapter 130, 2002 General Session