Idaho § 50-238 INVESTIGATIONS AND ACTIONS AGAINST CITY ELECTED OFFICERS — DUTIES OF ATTORNEY GENERAL

Idaho Statutes

§ 50-238 — INVESTIGATIONS AND ACTIONS AGAINST CITY ELECTED OFFICERS — DUTIES OF ATTORNEY GENERAL

Idaho § 50-238

Title 50MUNICIPAL CORPORATIONS

Ch. 2GENERAL PROVISIONS — GOVERNMENT — TERRITORY

This text of Idaho § 50-238 (INVESTIGATIONS AND ACTIONS AGAINST CITY ELECTED OFFICERS — DUTIES OF ATTORNEY GENERAL) 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 § 50-238 (2026).

Text

(1)Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a city officer occupying an elective office for violation of state criminal law in his official capacity.

(2)Upon completion of the investigation, the attorney general shall:

(a)Issue a finding of no further action necessary;

(b)Suggest training or other nonjudicial remedies; or

(c)Determine that further investigation or prosecution is warranted and retain the matter and act as special prosecutor.

(3)In furtherance of the duty to conduct investigations set forth in the provisions of this section, the attorney general shall have the authority to issue subpoenas for the production of documents or tangible things that m

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a city officer occupying an elective office for violation of state criminal law in his official capacity.
(2) Upon completion of the investigation, the attorney general shall:
(a) Issue a finding of no further action necessary;
(b) Suggest training or other nonjudicial remedies; or
(c) Determine that further investigation or prosecution is warranted and retain the matter and act as special prosecutor.
(3) In furtherance of the duty to conduct investigations set forth in the provisions of this section, the attorney general shall have the authority to issue subpoenas for the production of documents or tangible things that may be relevant to such investigations.
(4) For purposes of this section, a city officer shall be deemed to have performed an act in his "official capacity" when such act takes place while the officer is working or claims to be working on behalf of his employer at his workplace or elsewhere, while the officer is at his workplace whether or not he is working at the time, and when such act involves the use of public property or equipment of any kind or involves the expenditure of public funds.
(5) Nothing in this section shall be construed to:
(a) Provide the attorney general with exclusive jurisdiction to conduct an investigation of an allegation of a violation of state criminal law against a city officer occupying an elective office for violation of state criminal law in his official capacity; or
(b) Preclude a county prosecuting attorney from investigating and prosecuting such violation or referring such violation to a neighboring county for investigation and prosecution.