15.725 Duties of Commonwealth's attorney and county attorneys -- Agreements to
373 words·~2 min read·
/ky/15-725A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
share or redistribute prosecutorial duties -- Circuit clerk's authority to issue
criminal warrants.
(1)The Commonwealth's attorney shall attend each Circuit Court held in his judicial
circuit. He shall, except as provided in KRS 15.715 and KRS Chapter 131, have the
duty to prosecute all violations whether by adults or by juveniles subject to the
jurisdiction of the Circuit Court of the criminal and penal laws which are to be tried
in the Circuit Court in his judicial circuit. In addition, he shall have the primary
responsibility within his judicial circuit to present evidence to the grand jury
concerning such violations.
(2)The county attorney shall attend the District Court in his county and prosecute all
violations whether by adults or by juveniles subject to the jurisdiction of the regular
or juvenile session of the District Court of criminal and penal laws, except as
provided in KRS Chapter 131, within the jurisdiction of said District Court.
(3)The Commonwealth's attorney and county attorneys in a judicial circuit shall
cooperate in the enforcement of criminal and penal laws of the Commonwealth.
When necessary, the Commonwealth's attorney and county attorney shall assist each
other in prosecution within their respective courts. Each Commonwealth's attorney
and county attorney may enter into agreements to share or redistribute prosecutorial
duties in the Circuit and District Courts. Any prosecutorial or related duty assigned
by statute to the Commonwealth's attorney may be performed by the county
attorney, and any prosecutorial or related duty assigned by statute to the county
attorney may be performed by the Commonwealth's attorney pursuant to these
agreements. Copies of the agreements shall when executed be forwarded to the
Attorney General, the chief judges of the Circuit and District Courts, and the chief
regional judges of the Circuit and District Courts.
(4)The Prosecutors Advisory Council shall in allocating resources between the
Commonwealth's and county attorney take the agreements into account.
(5)In the event of the absence from a county of all District Judges and all Circuit
Judges and all trial commissioners, the circuit clerk in each county may issue
criminal warrants prepared by the Commonwealth's attorney or county attorney,
who shall certify that there is no District Judge, Circuit Judge, or trial commissioner
within the county.