Kansas Statutes

Chapter 19: Counties And County Officers

Article 7: County Attorney

Statutes:

• 19-701: County attorney; election, term, bond; qualifications.
• 19-702: Duties; representation of county hospital not required.
• 19-703: Same; appearances on behalf of state.
• 19-704: Same; opinions and advice to county; opinions or advice to county hospital not required.
• 19-705: Fees, when; representation of adverse interests; holding other office.
• 19-706:
• 19-706a:
• 19-706b: Deputies and assistants in counties of not more than 100,000; powers, duties and compensation; expenses and automobile purchase, lease, expenses and allowances.
• 19-707:
• 19-708:
• 19-709:
• 19-709a:
• 19-710:
• 19-711: Absence or disability; appointment by court.
• 19-712: Duplicate receipts for money received.
• 19-713: Duties in connection with grand jury.
• 19-714: Measures for conviction of election or license offenders.
• 19-715: Vacancy in office.
• 19-716: Claims and accounts; duties of county attorney or assistant or county counselor in certain counties.
• 19-717: Prosecuting witness may employ assistant attorney; dismissal of action in such cases, when.
• 19-718:
• 19-719:
• 19-720:
• 19-721:
• 19-722:
• 19-723: County commissioners authorized to hire additional counsel; when.
• 19-724: Exhumation of bodies; application.

• 19-701: County attorney; election, term, bond; qualifications. Except as otherwise provided by law, beginning with the general election in 1976, a county attorney shall be elected in each county who shall hold office for a term of four (4) years. Such county attorney shall, before entering upon the duties of the office, execute a good and sufficient corporate surety bond to the state of Kansas issued by a company authorized to do business in this state in an amount fixed by the board of county commissioners of not less than two thousand dollars ($2,000). Such bond shall be conditioned on the faithful performance of the duties of such office, and that such county attorney will pay over to the county treasurer, in the manner prescribed by law, all moneys received by virtue of such office. Such bond shall be deposited in the office of the county clerk. No person shall be eligible for the nomination or election to the office of county attorney of any county unless such person shall have been regularly admitted to practice law within the state of Kansas, and is at the time of nomination and election a regularly qualified practicing attorney of this state.

        History:   G.S. 1868, ch. 25, § 135; L. 1907, ch. 163, § 1; R.S. 1923, 19-701; L. 1965, ch. 160, § 3; L. 1965, ch. 163, § 2; L. 1970, ch. 105, § 2; L. 1976, ch. 123, § 3; April 30.

• 19-702: Duties; representation of county hospital not required. (a) Except as otherwise provided in this section, it shall be the duty of the county attorney to appear in any court having jurisdiction within the county and prosecute or defend on behalf of the people all actions and proceedings, civil or criminal, in which the state or the county is a party or interested.

        (b)   No county attorney shall be required to appear in any civil action or proceeding which relates to the operation of the county hospital. The county attorney may appear in any such civil action or proceeding at the county attorney's discretion, when requested by the board of county commissioners or the board of the county hospital.

        History:   G.S. 1868, ch. 25, § 136; R.S. 1923, 19-702; L. 1984, ch. 100, § 1; July 1.

• 19-703: Same; appearances on behalf of state. Each county attorney, when requested by any judge of the district court of the county, shall appear on behalf of the state before such judge, and prosecute all complaints made in behalf of the state of which such judge has jurisdiction; and upon like request shall appear before such judge and conduct any criminal examination which may be had before such judge and, except as otherwise provided in subsection (b) of K.S.A. 19-702, and amendments thereof, shall also prosecute all civil suits before such judge in which the county is a party or interested.

        History:   G.S. 1868, ch. 25, § 137; R.S. 1923, 19-703; L. 1976, ch. 145, § 57; L. 1984, ch. 100, § 2; July 1.

• 19-704: Same; opinions and advice to county; opinions or advice to county hospital not required. (a) Except as otherwise provided in this section, the county attorney shall without fee or reward, give opinions and advice to the board of county commissioners and other civil officers of the county, when requested by such board or officers, upon all matters in which the county is interested, or relating to the duties of such board or officers, in which the state or county may have an interest.

        (b)   No county attorney shall be required to give opinions or advice to the board of county commissioners with regard to the operation of the county hospital nor shall the county attorney be required to give opinions or advice to the board of the county hospital. The county attorney may give opinions and advice to the board of county commissioners and to the board of the county hospital when requested to do so by either or both such boards.

        History:   G.S. 1868, ch. 25, § 138; R.S. 1923, 19-704; L. 1984, ch. 100, § 3; July 1.

• 19-705: Fees, when; representation of adverse interests; holding other office. No county attorney shall receive any fee or reward from or on behalf of any prosecutor or other individuals, except such as are allowed by law for services in any prosecution or business to which it shall be his official duty to attend, nor be concerned as attorney or counsel for either party, other than the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced but undetermined, shall depend; nor shall any county attorney while in office be eligible to or hold any judicial or other county office whatsoever.

        History:   G.S. 1868, ch. 25, § 140; Oct. 31; R.S. 1923, 19-705.

• 19-706:

        History:   G.S. 1868, ch. 25, § 141; R.S. 1923, 19-706; Repealed, L. 1971, ch. 85, § 2; July 1.

• 19-706a:

        History:   L. 1969, ch. 141, § 1; Repealed, L. 1971, ch. 85, § 2; July 1.

• 19-706b: Deputies and assistants in counties of not more than 100,000; powers, duties and compensation; expenses and automobile purchase, lease, expenses and allowances. The board of county commissioners of any county having a population of not more than one hundred thousand (100,000) may allow to the office of the county attorney of such county such reasonable sums for salaries and compensation which will permit said county attorney to appoint such deputies and assistants as are necessary to properly expedite the business of his office. Said deputies and assistants shall have such powers and duties within the scope of the office of county attorney as are prescribed by the county attorney, and within the limits of the sums made available by the board of county commissioners, each such deputy and assistant shall receive an annual salary in an amount prescribed by the county attorney. Said board of county commissioners may authorize by resolution the expenditure of an amount sufficient to pay the actual and necessary expenses incurred by any such deputy or assistant in the performance of his official duties, whether performed within or without such county. Such resolution may authorize an expenditure for the purchase or leasing of an automobile for the use of any such deputy or assistant, or said board may authorize the use of a privately owned vehicle by any such deputy or assistant and provide compensation therefor by establishing a monthly car allowance, or by the payment of mileage as provided by K.S.A. 75-3203.

        History:   L. 1971, ch. 85, § 1; July 1.

• 19-707:

        History:   L. 1917, ch. 129, § 1; R.S. 1923, 19-707; Repealed, L. 1947, ch. 190, § 1; June 30.

• 19-708:

        History:   L. 1917, ch. 129, § 3; R.S. 1923, 19-708; Repealed, L. 1957, ch. 162, § 1; June 29.

• 19-709:

        History:   L. 1923, ch. 111, § 1; R.S. 1923, 19-709; L. 1927, ch. 155, § 1; Repealed, L. 1947, ch. 190, § 1; June 30.

• 19-709a:

        History:   L. 1927, ch. 155, § 2; Repealed, L. 1947, ch. 190, § 1; June 30.

• 19-710:

        History:   L. 1923, ch. 111, § 2; R.S. 1923, 19-710; Repealed, L. 1947, ch. 190, § 1; June 30.

• 19-711: Absence or disability; appointment by court. In the absence, sickness or disability of both the county attorney and his deputy, any court before whom it is his duty to appear and in which there may be business for him, may appoint an attorney to act as county attorney, by order to be entered upon the minutes of the court.

        History:   G.S. 1868, ch. 25, § 142; Oct. 31; R.S. 1923, 19-711.

• 19-712: Duplicate receipts for money received. It shall be the duty of the county attorney, whenever he shall receive any money in his official capacity, to give to the person paying the same a duplicate receipt, one of which shall be filed by such person with the county clerk.

        History:   G.S. 1868, ch. 25, § 143; Oct. 31; R.S. 1923, 19-712.

• 19-713: Duties in connection with grand jury. Whenever required by the grand jury of any court sitting within his county, it shall be the duty of the county attorney to attend them, for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas and other process to bring up witnesses, and to draw up bills of indictment.

        History:   G.S. 1868, ch. 25, § 144; Oct. 31; R.S. 1923, 19-713.

• 19-714: Measures for conviction of election or license offenders. It shall be the duty of each county attorney, upon information being given him that any person has violated any of the provisions of the election laws, or license laws, to adopt effectual measures for the conviction of such person.

        History:   G.S. 1868, ch. 25, § 145; Oct. 31; R.S. 1923, 19-714.

• 19-715: Vacancy in office. (a) When a vacancy occurs in the office of county attorney, the vacancy shall be filled by appointment by the governor of a person elected by a district convention, in accordance with K.S.A. 25-3902 and amendments thereto. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next county general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a county attorney for a regular term.

        (b)   When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located shall appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy in accordance with subsection (a). A person appointed as temporary county attorney shall be an elector of the same political party as such person's predecessor.

        (c)   A county attorney or temporary county attorney appointed pursuant to this section shall have the same powers and duties and be subject to the same qualifications as an elected county attorney.

        History:   G.S. 1868, ch. 25, § 146; R.S. 1923, 19-715; L. 1963, ch. 160, § 3; L. 1976, ch. 145, § 58; L. 1981, ch. 115, § 1; July 1.

• 19-716: Claims and accounts; duties of county attorney or assistant or county counselor in certain counties. (a) The county attorney or an assistant county attorney of each county of the state which does not have a county auditor and which has a population of less than 70,000 shall meet with the board of county commissioners of such county at each session when bills and accounts are presented for allowance, examine such bills and accounts, ascertain, as far as possible, the correctness of such accounts and give an opinion to the board of county commissioners as to the liability of the county for them. No bill shall be allowed by the board of county commissioners until the county attorney has passed upon it.

        (b)   If there is a county counselor of a county which is subject to this section, the county counselor shall perform the duties imposed on the county attorney by this section.

        History:   L. 1913, ch. 156; § 1; R.S. 1923, 19-716; L. 1968, ch. 254, § 2; L. 1972, ch. 74, § 1; L. 1984, ch. 99, § 2; July 1.

• 19-717: Prosecuting witness may employ assistant attorney; dismissal of action in such cases, when. That the prosecuting witness in any criminal action or proceeding may, at his own expense, employ an attorney or attorneys to assist the county attorney to perform his duties in any criminal action or proceeding under any of the laws of the state of Kansas, and such attorney or attorneys shall be recognized by the county attorney and court as associate counsel in such action or proceeding, and no prosecution shall be dismissed over the objection of such associate counsel until the reason of the county attorney for such dismissal, together with the objections thereto of such associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court.

        History:   L. 1901, ch. 62, § 1; March 15; R.S. 1923, 19-717.

• 19-718:

        History:   L. 1903, ch. 66, § 1; R.S. 1923, 19-718; Repealed, L. 1971, ch. 85, § 2; July 1.

• 19-719:

        History:   L. 1903, ch. 66, § 2; R.S. 1923, 19-719; Repealed, L. 1971, ch. 85, § 2; July 1.

• 19-720:

        History:   L. 1917, ch. 135, § 1; R.S. 1923, 19-720; Repealed, L. 1943, ch. 162, § 20; April 1.

• 19-721:

        History:   L. 1917, ch. 135, § 2; R.S. 1923, 19-721; Repealed, L. 1943, ch. 162, § 20; April 1.

• 19-722:

        History:   L. 1917, ch. 135, § 3; R.S. 1923, 19-722; Repealed, L. 1943, ch. 162, § 20; April 1.

• 19-723: County commissioners authorized to hire additional counsel; when. That when, in the judgment of the board of county commissioners of any county in this state, it becomes necessary or expedient, the said board of county commissioners may employ an additional attorney at law to assist the county attorney of its county in any specific investigation, prosecution or any civil or criminal matter involving the duties of said county attorney, and the said board of county commissioners may pay such attorney so employed reasonable compensation for his services, the same to be charged to the general fund of said county.

        History:   L. 1925, ch. 139, § 1; March 4.

• 19-724: Exhumation of bodies; application. A district court, or the judge thereof in vacation, shall have the power to order the exhumation of the body of a deceased person, and the removal of the same or any portion thereof for physical or chemical examination or analysis for the purpose of ascertaining the cause of death. Such order may be made on the application of the county or district attorney, with such notice to the next of kin of the deceased person whose names and addresses are known to said county or district attorney and to any person having legal charge of said body, as the court may direct. The cost of such exhumation and examination or analysis shall be allowed and paid by the board of county commissioners from the county general fund.

        History:   L. 1975, ch. 194, § 1; July 1.