§ 5-28-108 — Special deputy prosecutor

(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident. (b) (1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705 . (2) The subpoena shall be substantially in the form set forth in § 25-16-705(b) . (c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney. (d) (1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment. (2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General. (e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.

Legislative History

Acts 1995, No. 894, § 1.