If it shall appear, by affidavit or otherwise, to the satisfaction of a judge of the
district court of the judicial district in which the county is situated, that the
county has no state's attorney, or that the state's attorney is absent or unable to
attend to the state's attorney's duties, or that the state's attorney has refused
or neglected to perform any of the duties prescribed in subsections 2 through 6 of section 11-16-01, or to institute any civil suit to which the state or the county is a party after
the matter has been properly brought to the attention of such state's attorney, and
that it is necessary that some act be performed, the judge shall:
1. Request the attorney general or an assistant attorney general to take charge of
such prosecution or proceeding; or
2. Appoint an attorney to take charge of such prosecution or proceeding and fix the
attorney's fee therefor by an order entered upon the minutes of the court, and the
attorney so appointed shall be vested with the powers of the state's attorney for
the purposes of that action, but for no other purpose, and shall be the only person
authorized to proceed in such action. The fee specified in the order shall be allowed by the board of county commissioners
and, if so ordered by the court, the amount of such fee shall be deducted from the
salary of the state's attorney.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.