REFERENCE TITLE: county attorney; special prosecutor; appointment

State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010

HB 2622

Introduced by Representative Lujan

 

AN ACT

 

amending title 11, chapter 3, article 6, Arizona Revised Statutes, by adding section 11-540; relating to the county attorney.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 11, chapter 3, article 6, Arizona Revised Statutes, is amended by adding section 11-540, to read:

START_STATUTE11-540.  Conflict of interest; special prosecutor; appointment

A.  In any criminal prosecution in which the county attorney has an actual conflict of interest, the county attorney shall request another county attorney or the attorney general to prosecute the matter.

B.  If another county attorney or the attorney general declines to prosecute the matter, the county attorney shall request the court to appoint a special prosecutor to perform the duties of the county attorney.  The special prosecutor shall receive reasonable compensation fixed by the court and, after the court's review of the work completed, shall be paid by the county treasurer.  The amount shall be deducted from the county attorney's budget. END_STATUTE