Idaho § 31-2604 DUTIES OF PROSECUTING ATTORNEY

Idaho Statutes

§ 31-2604 — DUTIES OF PROSECUTING ATTORNEY

Idaho § 31-2604

Title 31COUNTIES AND COUNTY LAW

Ch. 26PROSECUTING ATTORNEY

This text of Idaho § 31-2604 (DUTIES OF PROSECUTING ATTORNEY) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 31-2604 (2026).

Text

It is the duty of the prosecuting attorney:

1.To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a party; and when the place of trial is changed in any such action or proceeding to another county, he must prosecute or defend the same in such other county.

2.To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the cou

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It is the duty of the prosecuting attorney:
1. To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a party; and when the place of trial is changed in any such action or proceeding to another county, he must prosecute or defend the same in such other county.
2. To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the county or state is interested; and when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or city ordinances committed within the municipal limits of that city when the arresting or charging officer is a city employee.
3. To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.
4. To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, informations and accusations; to issue subpoenas and other process requiring the attendance of witnesses.
5. On the first Monday of each month to settle with the auditor, and pay over all money collected or received by him during the preceding month, belonging to the county or state, to the county treasurer, taking his receipt therefor, and to file, on the first Monday of October in each year, in the office of the auditor of his county, an account verified by his affidavit, of all money received by him during the preceding year, by virtue of his office, for fines, forfeitures, penalties or costs, specifying the name of each person from whom he receives the same, the amount received from each, and the cause for which the same was paid.
6. To perform all other duties required of him by any law.

Planned Parenthood of Idaho, Inc. Glenn H. Weyhrich, M.D. v. Lawrence Wasden, Attorney General of the State of Idaho Greg Bower, Ada County Prosecuting Attorney, Planned Parenthood of Idaho, Inc. Glenn H. Weyhrich, M.D. v. Lawrence Wasden, Attorney General of the State of Idaho Greg Bower, Ada County Prosecuting Attorney

376 F.3d 908 (Ninth Circuit, 2004)

1 case citations

Beck v. Elmore County

(Idaho Supreme Court, 2021)

Pena v. Minidoka County

984 P.2d 710 (Idaho Supreme Court, 1999)

State v. Carey Mitchell Baker

(Idaho Supreme Court, 2014)

United States v. State of Idaho

(D. Idaho, 2022)

Legislative History

[(31-2604) 1897, p. 74, sec. 3; reen. 1899, p. 24, sec. 3; am. and reen. R.C. & C.L., sec. 2082; I.C.A., sec. 30-2104; am. 1953, ch. 239, sec. 3, p. 360; am. 1970, ch. 120, sec. 11, p. 284; am. 1971, ch. 94, sec. 1, p. 206; am. 1976, ch. 45, sec. 24, p. 139; am. 1989, ch. 292, sec. 1, p. 719.]