§ 16-21-112 — Prosecuting attorney pro tempore

(a) If any prosecuting attorney neglects, or fails from sickness or any other cause, to attend any of the courts of the district for which he was elected and to prosecute as required by law, it shall be the duty of the court to appoint some proper person, being an attorney at law, to prosecute for the state during the term. That person shall, on taking the oath of office, perform all the duties of the regular prosecuting attorney for the term. (b) (1) The person so appointed shall be entitled to receive the same fees on convictions as the prosecuting attorney, and the sum of forty dollars ($40.00) for each term of the court, for prosecuting as provided in subsection (a) of this section, to be paid by the Treasurer of State out of any money appropriated for that purpose. (2) It shall be the duty of the Auditor of State, on receiving the certificate of the judge of the circuit court making the appointment of the prosecuting attorney pro tempore, to audit and allow the account and draw his warrant on the Treasurer of State for the payment thereof. (3) The amounts allowed in this subsection for prosecuting attorneys pro tempore shall be deducted from the regular prosecuting attorney's salary whenever a failure occurs on his part which is not occasioned by sickness of himself or family. (c) Judges of municipal courts shall have the same authority as judges of circuit courts to appoint a special prosecutor under the circumstances as prescribed in this section.

Legislative History

Acts 1875 (Adj. Sess.), No. 5, §§ 1, 2, p. 6; C. & M. Dig., §§ 8323, 8324; Pope's Dig., §§ 10900, 10901; A.S.A. 1947, §§ 24-117, 24-118; Acts 1989, No. 825, § 1.