Title 17, Counties

17-68-201. County attorney and district attorney serve as county officers -- Eligibility for private practice. (1) The county attorney is a county officer as described in Chapter 66, County Officers and Officials Generally. (2)(a) If the boundaries of a prosecution district are l…

17-68-202. Qualifications. (1) An individual filing a declaration of candidacy for the office of county or district attorney shall be: (a) a United States citizen; (b) an attorney licensed to practice law in the state; (c) an active member of the Utah State Bar in good standing; …

17-68-203. License suspended -- Vacancy. (1) If a county attorney or district attorney is suspended or disbarred from the practice of law in the state, the county attorney's or district attorney's office is considered vacant immediately upon suspension or disbarment. (2) A vacanc…

17-68-301. County and district attorney duties, powers, and functions -- Legislative functions. (1) The duties, functions, and responsibilities of a county attorney or district attorney, acting as a public prosecutor or as civil counsel, are as provided in this chapter. (2) The a…

17-68-302. County attorney powers and functions. (1) Except within a county that is located in a prosecution district, the county attorney: (a) is a public prosecutor for the county; and (b) shall perform each public prosecutor and civil counsel duty in accordance with this chapt…

17-68-303. District attorney powers and functions. In a county that is located within a prosecution district, the district attorney: (1) is a public prosecutor for the county; and (2) shall perform each public prosecutor duty in accordance with this chapter or as otherwise requir…

17-68-304. Assistance to the attorney general. (1)(a) The attorney shall appear and assist the attorney general in criminal and civil legal matters involving the state if: (i) except as provided in Subsection (1)(b), the attorney general requests assistance; or (ii) the attorney …

17-68-305. Deputy attorneys. (1) The attorney may employ a deputy attorney to perform the duties of public prosecutor or civil counsel. (2)(a) Subject to the approval of the county attorney, the district attorney may cross deputize a county deputy attorney as a deputy district at…

17-68-306. Prohibited acts. (1) Within the state, the attorney may not consult with or otherwise represent a person charged with a crime, misdemeanor, or breach of a criminal statute or ordinance. (2) A public prosecutor may not prosecute or dismiss in the name of the state a cas…

17-68-401. Creation of a prosecution district. A county legislative body may, by ordinance, create a countywide prosecution district.

17-68-402. Multicounty prosecution district. (1)(a) Subject to Subsection (2), two or more counties, whether contiguous, may enter into an agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, to create and maintain a prosecution district. (b) A prosecuti…

17-68-403. Dissolution of prosecution district. (1) A county legislative body of a prosecution district created under Section 17-68-401, or the legislative bodies of multiple counties within a multicounty prosecution district created under Section 17-68-402, may not dissolve the …

17-68-501. Public prosecutor powers and duties. An attorney who serves as a public prosecutor shall: (1) except for a prosecution undertaken by a city attorney under Section 10-3-928, conduct, on behalf of the state, all prosecutions for a public offense committed within a county…

17-68-502. Public prosecutor's ethical duties. An attorney exercising public prosecutor duties under this chapter: (1) is a lawyer representing an organization as a client under the Rules of Professional Conduct, Rule 1.13; (2) represents the state as an organizational client; (3…

17-68-503. Pretrial responsibilities. (1)(a) A public prosecutor shall: (i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed…

17-68-504. Appeals. (1) A public prosecutor shall assist and cooperate, as required by the attorney general, in a case that may be appealed to the Court of Appeals or Utah Supreme Court regarding a criminal violation of state statute. (2) A public prosecutor shall appear and pros…

17-68-505. Juvenile proceedings. For a proceeding involving an offense committed by a minor as defined in Section 80-1-102, a public prosecutor shall: (1) review cases in accordance with Title 80, Chapter 6, Juvenile Justice; and (2) appear and prosecute for the state in the juve…

17-68-506. Civil responsibilities of public prosecutors. A public prosecutor may act as legal counsel to the state, county, government agency, or government entity regarding the following matters of civil law: (1) bail bond forfeiture actions; (2) actions for the forfeiture of pr…

17-68-601. Duties as civil counsel. The attorney serves as civil counsel to the county and shall: (1) appear in, prosecute, and defend each civil action in which the county is a party; (2) prosecute, either directly or through a private contract for debt collection, each action f…

17-68-602. Ethical duties of civil counsel -- County is client. (1)(a) An attorney acting as civil counsel under this chapter represents an organization as a client in accordance with Rules of Professional Conduct, Rule 1.13. (b) The county is the client organization described in…

17-68-603. Civil violation of county ordinance. The civil counsel shall enforce and prosecute, in the appropriate court, civil violations of a county ordinance.

17-68-604. Legal opinions -- Review and advise as to form -- Escheats to the state. (1) Upon request by a county officer or the county legislative body, the civil counsel shall prepare a legal opinion in writing to a county officer on matters relating to the duties of the respect…

17-68-605. County attorney to review certain county plans, county contracts -- List nonexhaustive. (1) In addition to the duties described in this chapter, the county attorney shall: (a) review and provide to the county legislative body a legal opinion, in writing, on a proposed …