19-701. County attorney; election, term, bond; qualifications. Except as otherwise provided by law, beginning with the general election in 1976, a county attorney shall be elected in each county who shall hold office for a term of four (4) years. Such county attorney shall, before entering upon the duties of the office, execute a good and sufficient corporate surety bond to the state of Kansas issued by a company authorized to do business in this state in an amount fixed by the board of county commissioners of not less than two thousand dollars ($2,000). Such bond shall be conditioned on the faithful performance of the duties of such office, and that such county attorney will pay over to the county treasurer, in the manner prescribed by law, all moneys received by virtue of such office. Such bond shall be deposited in the office of the county clerk. No person shall be eligible for the nomination or election to the office of county attorney of any county unless such person shall have been regularly admitted to practice law within the state of Kansas, and is at the time of nomination and election a regularly qualified practicing attorney of this state.
History: G.S. 1868, ch. 25, § 135; L. 1907, ch. 163, § 1; R.S. 1923, 19-701; L. 1965, ch. 160, § 3; L. 1965, ch. 163, § 2; L. 1970, ch. 105, § 2; L. 1976, ch. 123, § 3; April 30.
Source or Prior Law:
L. 1864, ch. 31, §§ 1, 2, 3, 9.
Cross References to Related Sections:
County attorney abolished and district attorneys elected in certain judicial districts, see 22a-101.
Attorney General's Opinions:
Home rule powers. 80-144.
County attorneys; prosecution in another venue; additional compensation. 88-50.
Extent of county commission's control over county attorney budget regarding personnel action. 92-158.
CASE ANNOTATIONS
1. Professional duties of county attorney may not be delegated. Clough & Wheat v. Hart, 8 Kan. 487, 492.
2. Additional compensation properly allowed county attorney for work outside county. Comm'rs of Leavenworth v. Brewer, 9 Kan. 307, 318.
3. Attorney general becomes county prosecutor when ordered by the governor. The State v. Bowles, 70 Kan. 821, 827, 79 P. 726.
4. Attorney admitted by district court under old law "regularly admitted." Hanson v. Grattan, 84 Kan. 843, 845, 115 P. 646.
5. County attorney may bring action to determine constitutionality of statute. The State, ex rel., v. Doane, 98 Kan. 435, 158 P. 38.
6. Person holding permit is eligible as county attorney. Moore v. Wesley, 125 Kan. 22, 25, 262 P. 1035.
7. Independent nature of office of county attorney considered. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 105, 12 P.2d 816.
8. Four-year term provision is unconstitutional; provision severable; mandamus proper. Wall v. Harrison, 201 Kan. 598, 599, 600, 601, 603, 604, 605, 443 P.2d 266.
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