Source or Prior Law:

L. 1864, ch. 31, § 2.

Cross References to Related Sections:

Decedents' estates, see 59-905, 59-1508, 59-2222.

Attorney general to invoke county or district attorney's assistance in certain criminal appeals, see 22-3612.

Attorney General's Opinions:

County attorney; simultaneous employment as city attorney. 79-25.

County attorney; sheriff; duties. 79-77.

Roads; laying out and opening roads; county attorney; general duties. 79-214.

Members of board of education of unified school district; compatibility with other officers. 81-21.

County attorneys; additional compensation. 81-186.

County attorney; duty to collect delinquent county hospital accounts. 81-196.

Municipal accounting board; obtains audit of a city of third class. 81-224.

Crimes affecting governmental functions; obstructing legal process or official duty. 82-273.

County attorney; authority to appoint assistants. 83-65.

County attorneys; duties; prosecution of violations of state statute occurring within a city. 84-32.

Planning and zoning; penalties for violations; responsibility to prosecute. 84-129.

Code for care of children; postadjudicatory proceedings; duties of county attorney. 86-3.

Grant of immunity by county or district attorney. 86-175.

County attorneys; fees and salaries; additional compensation. 87-179.

County attorney; representation in alcoholism treatment petitions; change of venue; costs. 88-28.

County hospitals; tax levies; handling hospital funds. 88-31.

County attorneys; prosecution in another venue; additional compensation. 88-50.

Controlled substances; forfeiture; procedure; duties of county attorney and county counselor. 89-102.

Retention of fees by county or district attorney. 90-7.

Small claims; trial; representation when county is party. 90-28.

Child in need of care petitions; duties of county or district attorney to represent SRS. 90-33.

Representation of improvement district by county attorney; enforcement of resolutions. 90-55.

Interlocal agreements; prosecution of city DUI violation ordinance by county attorney. 91-26.

County attorney and county counselor; duties; juvenile matters. 92-67.

Expenditure of county money for legal counsel for county officer or employee under investigation by grand jury. 92-87.

Criminal appeals from district court; duties of county attorney; supplemental payment. 94-63.

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. County attorney proper person to prosecute in quo warranto proceedings. The State, ex rel., v. Kelly, 2 Kan. App. 178, 190, 43 P. 299.

2. County attorney may not arbitrarily dismiss appeal by county superintendent. The State v. Heaton, 10 Kan. App. 296, 297, 62 P. 546.

3. Additional compensation allowed for services not required by law. Comm'rs of Leavenworth v. Brewer, 9 Kan. 307, 318.

4. Citizens cannot bring mandamus to enforce a purely public duty. Bobbett v. The State, ex rel. Dresher, 10 Kan. 9, 13, 16.

5. County commissioners cannot control county attorney in prosecuting criminal actions. Morrill v. Douglass, 14 Kan. 293, 306.

6. Additional compensation for services allowed where presence outside county required. Huffman v. Comm'rs of Greenwood, 25 Kan. 64, 65.

7. To prosecute in another county consent of attorney general essential. Martin, Governor, v. The State, ex rel. , 39 Kan. 576, 577, 18 P. 472.

8. License to practice law not essential to fill office; disbarment of attorney does not revoke his official authority. The State v. Swan, 60 Kan. 461, 56 P. 750.

9. May institute injunction suit against state board of charities. Hornaday v. The State, 62 Kan. 822, 831, 62 P. 329.

10. Good faith of officer a material issue in ouster suit. The State v. Trinkle, 70 Kan. 396, 402, 78 P. 854.

11. Proceedings concerning county's financial affairs; commissioners' consent essential. Kerby v. Clay County, 71 Kan. 683, 684, 81 P. 503.

12. Signature of county attorney to all indictments and information essential; sheriff justified in acting upon advice of county attorney. In re Broadhead, 74 Kan. 401, 405, 86 P. 458.

13. Additional compensation allowed for services in federal courts within county. Nichols v. Shawnee County, 76 Kan. 266, 270, 91 P. 79.

14. May institute proceedings to enjoin public nuisance although commissioners disapprove. Eble v. The State, 77 Kan. 179, 181, 182, 93 P. 803.

15. May sue to enjoin landowner from interfering with highway officers. The State v. Nye, 85 Kan. 559, 561, 562, 117 P. 1014.

16. May sue to enjoin usurping corporate privilege or public franchise. Telephone Co. v. Telephone Association, 94 Kan. 159, 162, 163, 146 P. 324.

17. When present at preliminary examination county attorney has complete control. Foley v. Hamm, 102 Kan. 66, 69, 169 P. 183.

18. County attorney may institute proceedings in name of state. State, ex rel., v. Labette County, 114 Kan. 726, 728, 220 P. 275.

19. Duty of county attorney to prosecute criminals and sue on forfeited bonds. State, ex rel., v. Baird, 117 Kan. 549, 555, 231 P. 1021.

20. Where board disqualified, county attorney may bring action in name of state. State, ex rel., v. Bradbury, 123 Kan. 495, 256 P. 149.

21. Cannot enjoin highway department from work in another county. State, ex rel., v. State Highway Comm., 133 Kan. 357, 359, 299 P. 955.

22. County attorney not required to appear in supreme court without extra compensation. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 105, 12 P.2d 816.

23. Question of public concern; county attorney may test constitutionality of statute. State, ex rel., v. Wyandotte County Comm'rs, 140 Kan. 744, 746, 39 P.2d 286.

24. Right of county attorney to bring mandamus action discussed and determined. State v. Peterson, 147 Kan. 626, 78 P.2d 60.

25. County attorney may maintain action to recover moneys illegally expended by drainage district. State, ex rel., v. Baker, 156 Kan. 439, 442, 443, 444, 447, 134 P.2d 386.

26. County attorney cannot maintain action to enforce city zoning ordinance. State, ex rel., v. Vandyne, 159 Kan. 378, 384, 155 P.2d 458.

27. County attorney may maintain action to recover moneys illegally expended by drainage district. State, ex rel., v. Baker, 160 Kan. 180, 189, 160 P.2d 264.

28. Cited; action by county attorney to enjoin illegal medical practice properly maintained. State, ex rel., v. Leopold, 170 Kan. 613, 615, 228 P.2d 538.

29. Applied; action challenging validity of a statute maintainable by county attorney. State, ex rel., v. Board of County Comm'rs, 173 Kan. 367, 369, 245 P.2d 1181.

30. Claimed threats by county attorney not proved nor shown prejudicial. State v. Lillian, 180 Kan. 640, 643, 305 P.2d 828.

31. Attorney general properly superseded county attorney by intervening in original supreme court action. State, ex rel., v. City of Kansas City, 186 Kan. 190, 195, 350 P.2d 37.

32. Sunday labor law; discrimination in enforcement considered. Boynton v. Fox West Coast Theatres Corp., 60 F.2d 851.

33. Cited; mandamus proceedings concerning assessment of gas leaseholds (dissenting opinion). Mobil Oil Corporation v. McHenry, 200 Kan. 211, 249, 436 P.2d 982.

34. By dismissing charge of first degree arson and volunteering statements that under the agreed facts the lodgeable crime was insurance fraud, the district judge did not invade the province of the county attorney. State v. Christendon, 205 Kan. 28, 31, 468 P.2d 153.

35. Cited in mandamus action by attorney general questioning district court judge's order restraining him from conducting investigation into gambling activities; mandamus held proper remedy. State v. Rohleder, 208 Kan. 193, 195, 490 P.2d 374.

36. K.S.A. 22-3716 does not limit authority of county attorney to initiate probation revocation proceedings; preliminary hearing not required. State v. Malbrough, 5 Kan. App. 2d 295, 297, 615 P.2d 165.

37. Cited in holding that when attorney general prosecutes case at county attorney's request, attorney general can only be removed for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 576, 673 P.2d 1188 (1984).

38. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 949, 678 P.2d 146 (1984).

39. Cited in holding attorney hired under K.S.A. 19-717 not special prosecutor under K.S.A. 22-2202(17); cannot appeal dismissal of complaint. State v. Berg, 236 Kan. 562, 565, 694 P.2d 427 (1985).

40. Representation of defendant by appointed counsel who was temporary county attorney is not per se ineffective assistance of counsel. State v. Wallace, 258 Kan. 639, 650, 908 P.2d 1267 (1995).

41. Plaintiff's civil rights claim against magistrate judge was barred by governmental immunity. Schroeder v. Kochanowski, 311 F. Supp. 2d 1241, 1245 (2004).

42. Section cited in case involving motion to withdraw plea; defense counsel also special prosecution in separate case. State v. Adams, 284 Kan. 109, 123, 158 P.3d 977 (2007).