17-68-201. County attorney and district attorney serve as county officers -- Eligibility for private practice.
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Effective 11/6/2025
17-68-201. County attorney and district attorney serve as county officers -- Eligibility for private practice.
(1)The county attorney is a county officer as described in Chapter 66, County Officers and Officials Generally .
(a)If the boundaries of a prosecution district are located entirely within one county, the district attorney of the prosecution district is an elected county officer of that county.
(b)If the boundaries of a prosecution district include more than one county, the interlocal agreement that creates that prosecution district in accordance with Section 17-68-305 may designate the district attorney as an elected officer in one or more of the counties in which the prosecution district is located.
(3)The district attorney:
(a)is a full-time employee of the prosecution district; and
(b)may not engage in the private practice of law.
(4)A county attorney may:
(a)serve as a part-time employee; and
(b)engage in the private practice of law, subject to Section 17-68-306 and the Rules of Professional Conduct.
Renumbered and Amended by Chapter 13 , 2025 Special Session 1