7-16-1. Election at general election–Oath and bond–Licensed attorney required. A state’s attorney shall be elected in each organized county of this state at each general election, who shall qualify by taking the oath of office and giving a bond as provided by law. No person shall be eligible to the Office of State’s Attorney who […]
7-16-10. Prosecution of preliminary informations before magistrate. It shall be the duty of the state’s attorney, when requested by any magistrate of his county, to appear on behalf of the state before any such magistrate and prosecute all preliminary informations on behalf of the state of which such magistrate shall have jurisdiction. Source: SL 1883, […]
7-16-11. Attendance and advice to grand jury–Issuance of process. It shall be the duty of the state’s attorney whenever required by the grand jury to attend them for the purpose of examining witnesses in their presence or of giving them any advice on any legal matter, and to issue subpoenas or other process to compel […]
7-16-13. Prosecution of actions by public authorities for child support. It shall be the duty of the state’s attorney to commence and prosecute forthwith all actions and proceedings, civil or criminal, brought by the authorities charged with the support of any legitimate or illegitimate child for the recovery and enforcement of support for such child, […]
7-16-14. Actions against county commissioners for misconduct in office. It shall be the duty of the state’s attorney to begin and prosecute a civil action or actions on behalf of the county against the county commissioners, or any one or more of them, for malfeasance in office, misappropriation of public funds, or other misconduct whenever […]
7-16-15. Continuation of prosecution or defense after change of venue. Whenever the venue is changed in any criminal case or in any civil action or proceeding in which his county or the state is interested or a party, it shall be the duty of the state’s attorney of the county where such criminal case was […]
7-16-16. Reimbursement of traveling expenses incurred on official business–Mileage allowances. The state’s attorney and the state’s attorney’s deputies and special agents are entitled to receive from the county the necessary traveling and hotel expenses while traveling for the purpose of making investigations and attending to the duties of office either within or without the state. […]
7-16-17. Reimbursement of expenses outside county. If the state’s attorney of one county is requested to go to another county or from one part to another part of the county to transact any business as state’s attorney, the state’s attorney shall be paid by the county the amount of the necessary expenses in transacting the […]
7-16-18. Extra fees for official business–Representation of private parties–Judicial office–Full-time state’s attorney. Other than fees payable for child support enforcement services upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the […]
7-16-19. Full-time position–Private practice prohibited. In any county of over fifty thousand population and any other county where the board of county commissioners so designates, the state’s attorney shall be a full-time position and the state’s attorney may not be counsel or attorney in any action, civil or criminal, in the courts of this state […]
7-16-19.1. Part-time state’s attorney–Office at business address authorized. The state’s attorney of a county not employing a full-time state’s attorney may maintain the Office of State’s Attorney at the state’s attorney’s regular business address. The board of county commissioners may provide the state’s attorney an allowance for fixed office overhead expenses in lieu of furnishing […]
7-16-2. Judicial appointment of acting attorney in event of absence, inability, or disqualification–Fees. The circuit court, whenever there shall be no state’s attorney for the county or when the state’s attorney is absent or unable to attend to his duties or is adversely interested or disqualified, may appoint, by an order to be entered in […]
7-16-20. Duplicate receipts issued for fines, penalties, and costs received. The state’s attorney, whenever any money for fines, forfeitures, recognizances, penalties, or costs is received, shall deliver to the officer or person paying the same, duplicate receipts, one receipt shall be filed by the officer or person in the office of the county treasurer. Source: […]
7-16-21. Deposit and accounting for fines, penalties, and costs received–Failure to account as theft. The state’s attorney shall pay over to the county treasurer all money received as the state’s attorney within ten days after it is received. The state’s attorney shall file with the county auditor a complete list of the amount so paid […]
7-16-22. Action on attorney’s bond for recovery of money received. The county treasurer, in the treasurer’s official name and capacity, shall cause an action to be instituted upon the bond of the state’s attorney for the recovery of the money so received and unpaid by the state’s attorney. Source: SL 1883, ch 43, §10; CL […]
7-16-23. Fees and costs in addition to salary–Full-time state’s attorney. Other than fees for child support enforcement services made upon the request of the Department of Social Services to a state’s attorney under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative […]
7-16-24. Consolidation of office of state’s attorney to create office of regional prosecutor. Any board of county commissioners may by resolution propose to consolidate the office of state’s attorney with any other county or counties to create an office of regional prosecutor. The board of county commissioners may negotiate and enter into an agreement concerning […]
7-16-25. Establishment of office of regional prosecutor–Notice requirement–Option to withdraw from or modify agreement–Election of state’s attorney. Any board of county commissioners entering into an agreement establishing the office of regional prosecutor shall give notice before January first of the year of the next general election in which the state’s attorney would be elected. Any […]
7-16-26. Agreement to create office of regional prosecutor–Specifications of office. Any two or more counties entering into an agreement to create an office of regional prosecutor may specify the following: (1)The duties of the regional prosecutor on matters such as civil and criminal matters; (2)The precise organization, composition, and nature of any separate legal or […]
7-16-27. Election district for office of regional prosecutor. For purposes of §§7-16-24 to 7-16-30, inclusive, the election district for the office of regional prosecutor includes the total election boundaries of each county entering an agreement for merging the functions of the state’s attorney. Source: SL 1996, ch 54, §4.
