§ 11-16-06 — Failure of state's attorney to perform duty - Power of court - Appointment of acting state's attorney

acting state's attorney.
If it shall appear, by affidavit or otherwise, to the satisfaction of a judge of the district court of
the judicial district in which the county is situated, that the county has no state's attorney, or that
the state's attorney is absent or unable to attend to the state's attorney's duties, or that the
state's attorney has refused or neglected to perform any of the duties prescribed in
subdivisions b through f of subsection 1 of section 11-16-01, or to institute any civil suit to which
the state or the county is a party after the matter has been properly brought to the attention of
such state's attorney, and that it is necessary that some act be performed, the judge shall:
1. Request the attorney general or an assistant attorney general to take charge of such
prosecution or proceeding; or
2. Appoint an attorney to take charge of such prosecution or proceeding and fix the
attorney's fee therefor by an order entered upon the minutes of the court, and the
attorney so appointed shall be vested with the powers of the state's attorney for the
purposes of that action, but for no other purpose, and shall be the only person
authorized to proceed in such action. The fee specified in the order shall be allowed by
the board of county commissioners and, if so ordered by the court, the amount of such
fee shall be deducted from the salary of the state's attorney.