2013 Kentucky Revised Statutes CHAPTER 15 - DEPARTMENT OF LAW 15.725 Duties of Commonwealth's attorney and county attorneys -- Agreements to share or redistribute prosecutorial duties -- Circuit clerk's authority to issue criminal warrants.
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15.725 Duties of Commonwealth's attorney and county attorneys -Agreements to share or redistribute prosecutorial duties -- Circuit clerk's
authority to issue criminal warrants.
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The Commonwealth's attorney shall attend each Circuit Court held in his
judicial circuit. He shall, except as provided in KRS 15.715 and KRS Chapter
131, have the duty to prosecute all violations whether by adults or by juveniles
subject to the jurisdiction of the Circuit Court of the criminal and penal laws
which are to be tried in the Circuit Court in his judicial circuit. In addition, he
shall have the primary responsibility within his judicial circuit to present
evidence to the grand jury concerning such violations.
The county attorney shall attend the District Court in his county and prosecute
all violations whether by adults or by juveniles subject to the jurisdiction of the
regular or juvenile session of the District Court of criminal and penal laws,
except as provided in KRS Chapter 131, within the jurisdiction of said District
Court.
The Commonwealth's attorney and county attorneys in a judicial circuit shall
cooperate in the enforcement of criminal and penal laws of the Commonwealth.
When necessary, the Commonwealth's attorney and county attorney shall
assist each other in prosecution within their respective courts. Each
Commonwealth's attorney and county attorney may enter into agreements to
share or redistribute prosecutorial duties in the Circuit and District Courts. Any
prosecutorial or related duty assigned by statute to the Commonwealth's
attorney may be performed by the county attorney, and any prosecutorial or
related duty assigned by statute to the county attorney may be performed by
the Commonwealth's attorney pursuant to these agreements. Copies of the
agreements shall when executed be forwarded to the Attorney General, the
chief judges of the Circuit and District Courts, and the chief regional judges of
the Circuit and District Courts.
The Prosecutors Advisory Council shall in allocating resources between the
Commonwealth's and county attorney take the agreements into account.
In the event of the absence from a county of all District Judges and all Circuit
Judges and all trial commissioners, the circuit clerk in each county may issue
criminal warrants prepared by the Commonwealth's attorney or county
attorney, who shall certify that there is no District Judge, Circuit Judge, or trial
commissioner within the county.
Effective:July 15, 1997
History: Amended 1996 Ky. Acts ch. 358, sec. 3, effective July 15, 1997. -Amended 1994 Ky. Acts ch. 189, sec. 1, effective July 15, 1994. -- Amended
1988 Ky. Acts ch. 322, sec. 11, effective July 15, 1988. -- Amended 1980 Ky.
Acts ch. 42, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 25,
sec. 1, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts
ch. 17, sec. 6, effective January 1, 1978.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358,
sec. 67(1), the amendment of this statute by Section 3 of that Act becomes
effective July 15, 1997.
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