§31-2601, I.C., specifies that the Prosecuting Attorney be
an attorney and counselor at law. He must be duly licensed to practice in
the district courts of the State at the time he assumes office.
The responsibilities of the Prosecuting Attorney include (pursuant to
§31-2604, I.C.):
- To prosecute or defend all actions, applications or motions, civil or
criminal, in the district court of his county in which the people, or the
state, or the county, are interested, or are a party; and when the place
of trial is changed in any such action or proceeding to another county, he
must prosecute or defend the same in such other county.
- To prosecute all felony criminal actions, irrespective of whom the
arresting officer is; to prosecute all misdemeanor or infraction actions
for violation of all state laws or county ordinances when the arresting or
charging officer is a state or county employee; to conduct preliminary
criminal examinations which may be had before magistrates; to prosecute or
defend all civil actions in which the county or state is interested; and
when a written contract to do so exists between the prosecuting attorney
and a city, to prosecute violations for state misdemeanors and infractions
and violations of county or city ordinances committed within the municipal
limits of that city when the arresting or charging officer is a city
employee
- To give advice to the board of county commissioners, and other public
officers of his county, when requested in all public matters arising in
the conduct of the public business entrusted to the care of such officers
- To attend, when requested by any grand jury for the purpose of
examining witnesses before them; to draw bills of indictments,
information and accusations; to issue subpoenas and other process
requiring the attendance of witnesses
- On the first Monday of each month to settle with the auditor, and pay
over all money collected or received by him during the preceding month,
belonging to the county or state, to the county treasurer, taking his
receipt therefore, and to file, on the first Monday of October in each
year, in the office of the auditor of his county, an account verified by
his affidavit, of all money received by him during the preceding year, by
virtue of his office, for fines, forfeitures, penalties or costs,
specifying the name of each person from whom he receives the same, the
amount received from each, and the cause for which the same was paid
- To perform all other duties required of him by any law
For further information refer to the Idaho Association of Counties
Resource Manual
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