Printable Format19-705. Fees, when; representation of adverse interests; holding other office. No county attorney shall receive any fee or reward from or on behalf of any prosecutor or other individuals, except such as are allowed by law for services in any prosecution or business to which it shall be his official duty to attend, nor be concerned as attorney or counsel for either party, other than the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced but undetermined, shall depend; nor shall any county attorney while in office be eligible to or hold any judicial or other county office whatsoever.
History: G.S. 1868, ch. 25, § 140; October 31; R.S. 1923, 19-705.
Source or Prior Law:
L. 1864, ch. 31, § 10.
Law Review and Bar Journal References:
County attorney as defense counsel in criminal action in another county; quoting attorney general opinion, 2 K.L.R. 114 (1953).
Attorney General's Opinions:
County attorney; assistant county attorney holding other offices. 79-254.
County attorneys; fees and salaries; additional compensation. 87-179.
County attorneys; prosecution in another venue; additional compensation. 88-50.
Provisions of diversion agreement; disposition of diversion fees. 89-105.
Retention of fees by county or district attorney. 90-7.
County attorney is prohibited from holding another county office. 91-154.
County "pay and dismiss" policies for speeding violations are diversion and payments are fees; disposition of fees. 97-34.
Prosecution of violations of wildlife and parks laws and rules and regulations; disposition of attorney fees. 98-23.
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.
Attorney is not prohibited from serving simultaneously as a county attorney for more than one county. 2013-15.
CASE ANNOTATIONS
1. Private counsel may aid county attorney in criminal prosecution. The State v. Wilson, 24 Kan. 189, 191.
2. The distinguishing characteristic of every official act is good faith. The State v. Trinkle, 70 Kan. 396, 402, 78 P. 854.
3. Acceptance of office of deputy clerk releases office of county attorney. Moore v. Wesley, 125 Kan. 22, 24, 262 P. 1035.
4. Information filed by "acting county attorney" held sufficient. The State v. Elliott, 110 Kan. 40, 41, 202 P. 847.
5. County attorney is a county officer; four-year term provision in K.S.A. 19-701 unconstitutional. Wall v. Harrison, 201 Kan. 598, 600, 604, 443 P.2d 266.
6. Cited in disciplinary proceeding where county attorney refused to file child in need of care action unless paid retainer. In re Kraushaar, 258 Kan. 772, 773, 778, 907 P.2d 836 (1995).