Printable Format19-703. Appearances on behalf of state. Each county attorney, when requested by any judge of the district court of the county, shall appear on behalf of the state before such judge, and prosecute all complaints made in behalf of the state of which such judge has jurisdiction; and upon like request shall appear before such judge and conduct any criminal examination which may be had before such judge and, except as otherwise provided in subsection (b) of K.S.A. 19-702, and amendments thereof, shall also prosecute all civil suits before such judge in which the county is a party or interested.
History: G.S. 1868, ch. 25, § 137; R.S. 1923, 19-703; L. 1976, ch. 145, § 57; L. 1984, ch. 100, § 2; July 1.
Source or Prior Law:
L. 1864, ch. 31, § 13.
Attorney General's Opinions:
County attorneys; additional compensation. 81-186.
County attorney; representation in alcoholism treatment petitions; change of venue; costs. 88-28.
County attorneys; prosecution in another venue; additional compensation. 88-50.
Controlled substances; forfeiture; procedure; duties of county attorney and county counselor. 89-102.
Representation of improvement district by county attorney; enforcement of resolutions. 90-55.
Court may appoint a special prosecutor when district attorney's office is ethically disqualified from prosecuting a matter; county is responsible for attorney fees. 2003-4.
CASE ANNOTATIONS
1. In preliminary examination magistrate must dismiss action when prosecutor requests. Foley v. Ham, 102 Kan. 66, 70, 169 P. 183.
2. Discretion of county attorney as to prosecution in justice or district court. State, ex rel., v. Court of Coffeyville, 123 Kan. 774, 776, 256 P. 804.
3. Sunday labor law; discrimination in enforcement considered. Boynton v. Fox West Coast Theatres Corp., 60 F.2d 851.