2006 Utah Code - 17-18-1.5 — Powers -- Duties of county attorney within a prosecution district -- Prohibitions.

     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

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     (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.

Amended by Chapter 130, 2002 General Session