Whenever the state's attorney shall refuse or neglect to account for or pay over the public moneys received by the state's attorney, the state's attorney is guilty of an infraction.
11-16-05. Restrictions on powers of state's attorney - Option regarding full-time state's attorneys - Penalty for breach of duty. The state's attorney shall not: 1. Present a claim, account, or other demand for allowance against the county, except for the state's attorney's own services, nor in any way advocate the relief asked for by the claim or demand of another. 2. Be eligible to or hold any state or federal judicial office except that of United States commissioner. 3. Receive a fee or reward from or on behalf of a prosecutor or other individual for services in any prosecution or business to which it is the state's attorney's official duty to attend. 4. Be concerned as attorney or counsel for any party, other than the state or county, in any civil action depending upon, or arising out of, a state of facts upon which a pending and undetermined criminal prosecution depends. 5. Be concerned as attorney or counsel for any party, other than the state or county, or other than a city within the county, when so authorized by resolution of the board of county commissioners, in any action or proceeding whatsoever when employed by a county having a population exceeding thirty-five thousand or by any other county whose board of commissioners has, by resolution, determined that the state's attorney shall be restricted in this manner. A board of county commissioners may adopt or
rescind a resolution under this subsection in any year. However, in the general election year in which the state's attorney is to be elected, such action must be taken prior to June first. Such adoption or rescission shall not be effective during the state's attorney's current term of office unless agreed upon between the board and the state's attorney. A violation of any provision of this section shall constitute an infraction, and the offender may be removed from office.
11-16-06. Failure of state's attorney to perform duty - Power of court - Appointment of acting state's attorney. 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 subdivisions b through f of subsection 1 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.
11-16-07. District judge may appoint special counsel to assist state's attorney - Compensation. The judge of the district court may appoint special counsel to assist the state's attorney in any important case. The county for which the services were rendered shall pay such special counsel a reasonable fee therefor to be approved by the court.