2005 Idaho Code - 59-907 — PROSECUTING ATTORNEY -- VACANCY -- RESIDENCY -- CONTRACTING WITH ANOTHER PROSECUTING ATTORNEY

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 9
                          RESIGNATIONS AND VACANCIES
    59-907.  PROSECUTING ATTORNEY -- VACANCY -- RESIDENCY -- CONTRACTING WITH
ANOTHER PROSECUTING ATTORNEY. (1) In the event a vacancy exists and there are
three (3) or fewer resident attorneys in the county who are willing and
qualified to perform the functions of prosecuting attorney as set forth in
chapter 26, title 31, Idaho Code, the board of county commissioners may
appoint and/or contract with an attorney from outside the county to perform
the duties of prosecuting attorney for the balance of the unexpired term or
such shorter period as the board of county commissioners shall determine.
    (2)  A county may contract for prosecutorial services with another
prosecuting attorney provided that:
    (a)  The circumstances of subsection (1) of this section have occurred;
    (b)  The boards of county commissioners of both affected counties adopt
    resolutions so authorizing the prosecutor to fill the vacancy or
    appointment and/or contract; and
    (c)  The length of the term of appointment or contract complies with
    subsection (1) of this section.
    (3)  Subsection (2) of this section shall operate as a limited exception
to that portion of section 31-2601, Idaho Code, that prohibits a prosecuting
attorney from holding any other county office.

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