§ 11-16-05 — Restrictions on powers of state's attorney - Option regarding full-time state's attorneys - Penalty for breach of duty

state's attorneys - Penalty for breach of duty.
The state's attorney shall not:
1. Present a claim, account, or other demand for allowance against the county, except for
the state's attorney's own services, nor in any way advocate the relief asked for by the
claim or demand of another.
2. Be eligible to or hold any state or federal judicial office except that of United States
commissioner.
3. Receive a fee or reward from or on behalf of a prosecutor or other individual for
services in any prosecution or business to which it is the state's attorney's official duty
to attend.
4. Be concerned as attorney or counsel for any party, other than the state or county, in
any civil action depending upon, or arising out of, a state of facts upon which a
pending and undetermined criminal prosecution depends.
5. Be concerned as attorney or counsel for any party, other than the state or county, or
other than a city within the county, when so authorized by resolution of the board of
county commissioners, in any action or proceeding whatsoever when employed by a
county having a population exceeding thirty-five thousand or by any other county
whose board of commissioners has, by resolution, determined that the state's attorney
shall be restricted in this manner. A board of county commissioners may adopt or

rescind a resolution under this subsection in any year. However, in the general election
year in which the state's attorney is to be elected, such action must be taken prior to
June first. Such adoption or rescission shall not be effective during the state's
attorney's current term of office unless agreed upon between the board and the state's
attorney.
A violation of any provision of this section shall constitute an infraction, and the offender may be
removed from office.