Absence or disability; appointment by court

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; October 31; R.S. 1923, 19-711. Law Review and Bar Journal References: "Sidelining the Prosecutor in a Criminal Case," Daniel E. Monnat, Paige A. Nichols, J.K.T.L.A. Vol. 30, No. 6, 11 (2007). Attorney General's Opinions: County attorney; power of court to appoint when temporarily disqualified. 82-139. Court may appoint a special prosecutor when district attorney's office is ethically disqualified from prosecuting a matter; county is responsible for attorney fees. 2003-4. County attorney appointed pursuant to section shall be compensated from the operation funds of the district court if the county has not adopted different system. 2016-2. CASE ANNOTATIONS 1. Information for crime must be signed by proper prosecuting officer. Jackson v. The State, 4 Kan. 150, 157; The State v. Brown, 63 Kan. 262, 264, 65 P. 213. 2. Cited; prisoner discharged for failure to prosecute. State v. Coover, 165 Kan. 179, 184, 193 P.2d 209. 3. Second special county attorney cannot be appointed merely because of dissatisfaction with action taken by first special county attorney. State, ex rel., v. Kerns, 210 Kan. 579, 585, 586, 502 P.2d 639. 4. Cited in holding that when attorney general prosecutes case at county attorney's request, attorney general can only be removed for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 576, 673 P.2d 1188 (1984). 5. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 949, 678 P.2d 146 (1984). 6. Cited in holding attorney hired under K.S.A. 19-717 not special prosecutor under K.S.A. 22-2202(17); cannot appeal dismissal of complaint. State v. Berg, 236 Kan. 562, 565, 694 P.2d 427 (1985). 7. Cited; attorney hired to assist prosecution (K.S.A. 19-717) subject to limited discovery under K.S.A. 22-3212. State v. Dressel, 241 Kan. 426, 434, 436, 738 P.2d 830 (1987): Reversing 11 Kan. App. 2d 552, 729 P.2d 1245 (1986). 8. Representation of defendant by appointed counsel who was temporary county attorney is not per se ineffective assistance of counsel. State v. Wallace, 258 Kan. 639, 651, 908 P.2d 1267 (1995). 9. Section cited in case involving motion to withdraw plea; defense counsel also special prosecution in separate case. State v. Adams, 284 Kan. 109, 123, 158 P.3d 977 (2007). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026