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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-18-1 Powers - Duties of county attorney - Prohibitions.
(1) (a) In each county which is not within a prosecution district, the county attorney is a public prosecutor and shall:
(i) conduct on behalf of the state all prosecutions for public offenses committed within the county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and appeals from them;
(ii) institute proceedings before the proper magistrate for the arrest of persons charged with or reasonably suspected of any public offense when in possession of information that the offense has been committed, and for that purpose shall attend court in person or by deputy in cases of arrests when required; and
(iii) when it does not conflict with other official duties, attend to all legal business required in the county by the attorney general without charge when the interests of the state are involved.
(b) All the duties and powers of public prosecutor shall be assumed and discharged by the county attorney.
(2) The county attorney:
(a) shall appear and prosecute for the state in the district court of the county in all criminal prosecutions;
(b) may appear and prosecute in all civil cases in which the state may be interested; and
(c) shall render assistance and cooperation as required by the attorney general in:
(i) all cases that may be appealed to the Supreme Court and shall prosecute the appeal from any crime charged by the county attorney as a misdemeanor in the district court; and
(ii) investigations involving the Office of the Attorney General, including those described in Subsection 67-5-18 (3)(f).
(3) The county attorney shall:
(a) attend the deliberations of the grand jury;
(b) draw all indictments and informations for offenses against the laws of this state within the county;
(c) cause all persons indicted or informed against to be speedily arraigned;
(d) cause all witnesses for the state to be subpoenaed to appear before the court or grand jury;
(e) examine carefully into the sufficiency of all appearance bonds that may be tendered to the district court of the county;
(f) upon the order of the court, institute proceedings in the name of the state for recovery upon the forfeiture of any appearance or other bonds running to the state and enforce the collection of them; and
(g) perform other duties as required by law.
(4) The county attorney shall:
(a) ascertain by all practicable means what estate or property within the county has escheated or reverted to the state;
(b) require the assessor of taxes of the county to furnish annually a list of all real or personal property that may have so escheated or reverted; and
(c) file a copy of the list in the office of the state auditor and of the attorney general.
(5) The county attorney shall:
(a) each year on the first business day of August file a report with the attorney general covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the character of the offenses charged, the number of convictions, the amount of fines and penalties imposed, and the amount collected; and
(b) call attention to any defect in the operation of the laws and suggest amendments to correct the defect.
(6) The county attorney shall:
(a) appear and prosecute for the state in the juvenile court of the county in any proceeding involving delinquency;
(b) represent the state in any proceeding pending before the juvenile court if any rights to the custody of any juvenile are asserted by any third person; and
(c) prosecute before the court any person charged with abuse, neglect, or contributing to the delinquency or dependency of a juvenile.
(7) The county attorney shall:
(a) defend all actions brought against the county;
(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the county;
(c) give, when required and without fee, an opinion in writing to county, district, and precinct officers on matters relating to the duties of their respective offices;
(d) deliver receipts for money or property received in an official capacity and file duplicates with the county treasurer; and
(e) on the first Monday of each month file with the auditor an account verified by oath of all money received in an official capacity during the preceding month, and at the same time pay it over to the county treasurer.
(8) A county attorney may not:
(a) in any manner consult, advise, counsel, or defend within this state any person charged with any crime, misdemeanor, or breach of any penal statute or ordinance;
(b) be qualified to prosecute or dismiss in the name of the state any case in which the county attorney has previously acted as counsel for the accused on the pending charge; or
(c) in any case compromise any cause or enter a nolle prosequi after the filing of an indictment or information without the consent of the court.
(9) If at any time after investigation by the district
judge involved, the judge finds and recommends that the county
attorney in any county is unable to satisfactorily and adequately
perform the duties in prosecuting a criminal case without
additional legal assistance, the attorney general shall provide
the additional assistance.
2002
17-18-1.5 Powers - Duties of county attorney within a prosecution district - Prohibitions.
(1) In each county which is within a state prosecution district, the county attorney is a public prosecutor only for the purpose of prosecuting violations of county ordinances or as otherwise provided by law and shall:
(a) conduct on behalf of the county all prosecutions for violations of county ordinances committed within the county;
(b) have authority to grant transactional immunity for violations of county ordinances committed within the county;
(c) institute proceedings before the proper magistrate for the arrest of persons charged with or reasonably suspected of violations of county ordinances when in possession of information that the violation has been committed, and for that purpose shall attend court in person or by deputy in cases of arrests when required;
(d) when it does not conflict with other official duties, attend to all legal business required in the county by the attorney general without charge when the interests of the state are involved; and
(e) cooperate with the Office of the Attorney General during investigations, including those described in Subsection 67-5-18 (3)(f).
(2) The county attorney:
(a) may appear and prosecute in all civil cases in which the state may be interested; and
(b) shall render assistance as required by the attorney general in all civil cases that may be appealed to the Supreme Court and prosecute the appeal from any violation of a county ordinance.
(3) The county attorney shall:
(a) draw all informations for violations of a county ordinance;
(b) cause all persons informed against to be speedily arraigned;
(c) cause all witnesses for the county to be subpoenaed to appear before the court;
(d) upon the order of the court, institute proceedings in the name of the county for recovery upon the forfeiture of any appearance or other bonds running to the county and enforce the collection of them; and
(e) perform other duties as required by law.
(4) The county attorney shall:
(a) ascertain by all practicable means what estate or property within the county has escheated or reverted to the state;
(b) require the assessor of taxes of the county to furnish annually a list of all real or personal property that may have so escheated or reverted; and
(c) file a copy of the list in the office of the state auditor and of the attorney general.
(5) The county attorney shall:
(a) defend all actions brought against the county;
(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the county;
(c) give, when required and without fee, an opinion in writing to county, district, precinct, and prosecution district officers on matters relating to the duties of their respective offices;
(d) deliver receipts for money or property received in an official capacity and file duplicates with the county treasurer; and
(e) on the first Monday of each month file with the auditor an account verified by oath of all money received in an official capacity during the preceding month, and at the same time pay it over to the county treasurer.
(6) A county attorney may not:
(a) in any manner consult, advise, counsel, or defend within this state any person charged with any crime, misdemeanor, or breach of any penal statute or ordinance;
(b) be qualified to prosecute or dismiss in the name of the county any case in which the county attorney has previously acted as counsel for the accused on the pending charge; or
(c) in any case compromise any cause or enter a nolle prosequi after the filing of an information without the consent of the court.
(7) The county attorney or his deputy may be sworn as
a deputy district attorney for the purpose of public convenience
for a period of time and subject to limitations specified
by the district attorney.
2002
17-18-1.6 Election of district attorney.
(1) Each district attorney shall be elected at the regular general election beginning in November, 1994, or any regular general election year thereafter.
(2) A district attorney shall hold office for four years,
the term for which he is elected, beginning the first Monday
of January following his election and until a successor is
elected or appointed and qualified.
1997
17-18-1.7 Powers - Duties of district attorney - Prohibitions.
(1) The district attorney is a public prosecutor and shall:
(a) prosecute in the name of the state all violations of criminal statutes of the state;
(b) be a full-time county officer;
(c) conduct on behalf of the state all prosecutions for public offenses committed within the county, except for prosecutions undertaken by the city attorney under Section 10-3-928 and appeals from them; and
(d) institute proceedings before the proper magistrate for the arrest of persons charged with or reasonably suspected of any violation of state law when in possession of information that the offense has been committed, and for that purpose shall attend court in person or by deputy in cases of arrests when required.
(2) The district attorney shall:
(a) appear and prosecute for the state in the district court all criminal actions for violation of state law;
(b) render assistance and cooperation as required by the attorney general in:
(i) all criminal matters or matters enumerated in Subsections (5) and (8) that may be appealed to the Court of Appeals or the Supreme Court and shall prosecute the appeal from any crime charged by the district attorney as a misdemeanor in the district court; and
(ii) investigations involving the Office of the Attorney General, including those described in Subsection 67-5-18 (3)(f).
(3) The district attorney shall:
(a) attend the deliberations of the grand jury;
(b) draw all indictments and informations for offenses against the laws of this state within the county;
(c) cause all persons indicted or informed against to be speedily arraigned;
(d) cause all witnesses for the state to be subpoenaed to appear before the court or grand jury;
(e) examine carefully into the sufficiency of all appearance bonds that may be tendered to the district court of the county; and
(f) perform other duties as required by law.
(4) The district attorney shall:
(a) each year on the first business day of August file a report with the attorney general covering the preceding fiscal year, stating the number of criminal prosecutions in his office, the character of the offenses charged, the number of convictions, the amount of fines and penalties imposed, and the amount collected; and
(b) call attention to any defect in the operation of the laws and suggest amendments to correct the defect.
(5) The district attorney shall:
(a) appear and prosecute for the state in the juvenile court of the prosecution district in any proceeding involving delinquency;
(b) represent the state in any proceeding pending before the juvenile court if any rights to the custody of any juvenile are asserted by any third person; and
(c) prosecute before the court any person charged with abuse, neglect, or contributing to the delinquency or dependency of a juvenile.
(6) A district attorney may not:
(a) engage in private practice of law;
(b) engage in any occupation that may conflict with his duties as a district attorney;
(c) in any manner consult, advise, counsel, or defend within this state any person charged with any crime, misdemeanor, or breach of any penal statute or ordinance;
(d) be qualified to prosecute or dismiss in the name of the state any case in which the district attorney has previously acted as counsel for the accused on the pending charge; or
(e) in any case compromise any cause or enter a nolle prosequi after the filing of an indictment or information without the consent of the court.
(7) If at any time after investigation by the district judge involved, the judge finds and recommends that the district attorney in any prosecution district is unable to satisfactorily and adequately perform the duties in prosecuting a criminal case without additional legal assistance, the attorney general shall provide the additional assistance.
(8) The district attorney may act as counsel to any state or local government agency or entity regarding only the following matters of civil law:
(a) bail bond forfeiture actions;
(b) actions for the forfeiture of property or contraband because of misuse of the property or possession of the contraband in violation of criminal statutes of the state;
(c) civil actions incidental to or appropriate to supplement the district attorney's duties as state prosecuting attorney including injunction, habeas corpus, declaratory actions, and extraordinary writ actions, in which the interests of the state in any criminal prosecution or investigation may be affected; and
(d) any civil duties otherwise provided by statute.
(9) The district attorney or his deputy may be sworn as
a deputy county attorney for the purpose of public convenience
for a period of time and subject to limitations specified
by the county attorney.
2002
17-18-1.9 Creation of prosecution district by ordinance or interlocal agreement.
(1) The county governing body may create a countywide state prosecution district by ordinance.
(2) (a) Two or more counties, whether or not contiguous, may unite to create and maintain a state prosecution district by interlocal agreement pursuant to Title 11, Chapter 13.
(b) At the time of the creation of the prosecution district, the participating counties shall be located within the same judicial district.
(3) The county governing body or bodies shall not dissolve
a prosecution district during the term of office of an elected
or appointed district attorney.
1993
17-18-2 Legal adviser to commissioners.
(1) The county attorney is the legal adviser of the county.
(2) The county attorney shall attend meetings of the county
legislative body when required.
2002
17-18-4 Qualification - Licensed to practice law.
No person shall be elected to the office of, or serve
as county attorney, without being duly licensed to practice
law in the state of Utah.
1957
17-18-5 Requirements of office.
(1) A person filing a declaration of candidacy for the office of county attorney or district attorney shall:
(a) be a United States citizen;
(b) be an attorney licensed to practice law in Utah who is an active member in good standing of the Utah State Bar;
(c) be a registered voter in the county or prosecution district in which he is elected to the office; and
(d) (i) have been, as of the date of the election, a resident of the county or prosecution district in which he seeks office for at least one year; or
(ii) have been appointed and, at the time of filing, be serving as county or district attorney and have become a resident of the county or prosecution district within 30 days after appointment to the office.
(2) Each person appointed to the office of county attorney or district attorney shall be:
(a) a United States citizen; and
(b) an attorney licensed to practice law in Utah who is
an active member in good standing of the Utah State Bar.
1997
