§31-2601, I.C., specifies that the Prosecuting Attorney be an attorney and counselor at law. They must be duly licensed to practice in the district courts of the State at the time they assume office.
ResponsibilitiesThe responsibilities of the Prosecuting Attorney include (pursuant to §31-2604, I.C.):
- To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of their 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, they must prosecute or defend the same in such other county.
- 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.
- 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.
- To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, information and accusations; to issue subpoenas and other process requiring the attendance of witnesses.
- On the first Monday of each month to settle with the auditor, and pay over all money collected or received by them during the preceding month, belonging to the county or state, to the county treasurer, taking their receipt therefore, and to file, on the first Monday of October in each year, in the office of the auditor of their county, an account verified by their affidavit, of all money received by them during the preceding year, by virtue of their office, for fines, forfeitures, penalties or costs, specifying the name of each person from whom receives the same, the amount received from each, and the cause for which the same was paid.
- To perform all other duties required of them by any law.