31-2604 — DUTIES OF PROSECUTING ATTORNEY


                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 26
                             PROSECUTING ATTORNEY
    31-2604.  DUTIES OF PROSECUTING ATTORNEY. It is the duty of the
prosecuting attorney:
    1.  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.
    2.  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.
    3.  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.
    4.  To attend, when requested by any grand jury for the purpose of
examining witnesses before them; to draw bills of indictments, informations
and accusations; to issue subpoenas and other process requiring the attendance
of witnesses.
    5.  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
therefor, 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.
    6.  To perform all other duties required of him by any law.