Printable Format22a-106. Assistants, deputies, stenographic, investigative and clerical hire; appointment; compensation; district attorney and assistants full-time positions, law practice prohibited; office space; special counsel. (a) Within the limits of appropriations therefor, the district attorney shall appoint such assistant district attorneys, deputy district attorneys and other stenographic, investigative and clerical hire as may be necessary to carry out the functions of the district attorney's office in such judicial district, and he shall determine the annual compensation of each assistant district attorney and other persons appointed pursuant to this subsection. The county commissioners shall determine and allow such reasonable sums from funds of the county for the compensation of assistants, deputies and other stenographic, investigative and clerical hire and for other expenses of such office as may be necessary to carry out the function of such office.
(b) Each assistant and deputy district attorney shall have been regularly admitted to practice law within the state of Kansas prior to his appointment. Each district attorney and his assistant district attorneys shall devote full time to official duties and shall not engage in the civil practice of law, except as required in performing his official duties while serving as district attorney or assistant district attorney, and shall not refer any client or other person or any matter to any designated attorney or firm of attorneys.
(c) The board of county commissioners of each county contained in judicial districts 3, 10, 18 and 29 shall provide suitable office space within such county for the district attorney, his assistants, deputies, office personnel and equipment.
(d) Notwithstanding any of the provisions of this act the district attorney, with the approval of the board of county commissioners, may appoint and employ special counsel when necessary to assist the district attorney in the discharge of his duties, such special counsel not to be subject to the restrictions contained in paragraph (b) herein.
(e) Any county contained in judicial districts 3, 10, 18 or 29 may receive and expend for the operation of the office of district attorney any federal moneys made available therefor.
History: L. 1972, ch. 71, § 6; L. 1973, ch. 146, § 2; April 18.
Attorney General's Opinions:
General provisions; home rule powers. 79-113.
Public employees retirement systems; eligible employees. 80-26.
Municipal accounting board; obtaining audit of a city of third class. 81-224.
District attorneys and their agents are state employees for purposes of tort claims act. 87-13.
District attorney and assistants' private law practice prohibited; conservatorship; support staff participation in public employer-employee relations act contracts. 93-16.
District attorney has no authority or duty to review plans and specifications for compliance with requirements of ADA. 2002-18.
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.
Board of county commissioners must provide reasonable funds necessary for district attorney to fulfill the statutory duties of the office. 2019-1.
CASE ANNOTATIONS
1. Special prosecutor properly appointed; authority continues as long as criminal proceeding; no restriction on civil practice. State v. Marshall & Brown-Sidorowicz, 2 Kan. App. 2d 182, 196, 577 P.2d 803.
2. Authorization of special prosecutor generally routine function performed by chairman of board of county commissioners; delegation by board. State v. Heck, 8 Kan. App. 2d 496, 499, 661 P.2d 798 (1983).
3. Employees of district attorneys' offices are county employees for workers compensation purposes. Stuart v. Douglas County, 21 Kan. App. 2d 784, 788, 907 P.2d 919 (1995).
4. Mentioned; county without authority to create implied contract with plaintiffs over continued employment. Allen v. Kline, 507 F. Supp.2d 1150, 1163 (2007).