17-68 - County and District Attorney
Title 17 > 17-68
Sections (27)
General Provisions
17-68-101 - Definitions.
(1) “Attorney” means: a county attorney described in Section 17-68-201; ora district attorney described in Section 17-68-201.
(2) “Civil counsel” means the attorney who is exercising the attorney’s civil duties for the county.
(3) “Prosecution district” means a district created under Part 4, Prosecution District.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-102 - Creation of Office of the District Attorney.
For each prosecution district created in accordance with Part 4, Prosecution District , there is created the Office of the District Attorney.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-103 - Consolidated office.
Within a prosecution district, the duties and responsibilities of the district attorney and county attorney may be consolidated into one office as provided in Section 17-66-104 .
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-104 - District attorney and county attorney data collection for counties of the first, second, and third class — Report.
(1) The district attorney in a county of the first class, and the county attorney in a county of the second or third class, shall provide a written report to the Law Enforcement and Criminal Justice Interim Committee by May 1, annually, beginning on May 1, 2026, to report data from the prior calendar year.
(2) The annual report required in Subsection (1) shall include the following information, organized by the offense classification, for the cases that were active during the reporting period:the average amount of taxpayer dollars spent per case, as calculated by the total number of misdemeanors, juvenile adjudications, and felonies, divided by the portion of the attorney’s annual budget allocated to prosecution;the total number of juvenile adjudications, misdemeanors, and felonies;the total case numbers and individual prosecutor average annual caseload of felonies broken down by sexual offenses, general crimes, and crimes of violence;the total number of cases categorized by the most serious charge as follows:cases that were referred to the prosecutor’s office by law enforcement but not filed due to insufficient evidence;cases that were dismissed after charges were filed;cases in which a plea agreement was reached by the parties before the preliminary hearing;cases that were dismissed by the court after the preliminary hearing;cases in which a plea agreement was reached by the parties after the preliminary hearing;cases that resulted in a conviction at trial; andcases that resulted in an acquittal at trial; andthe average number of days between:the filing of criminal charges; andthe delivery of discovery information, including witness statements; orthe first day of trial.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Qualifications
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.
(2) 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.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:is a full-time employee of the prosecution district; andmay not engage in the private practice of law.
(4) A county attorney may:serve as a part-time employee; andengage 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
17-68-202 - Qualifications.
(1) An individual filing a declaration of candidacy for the office of county or district attorney shall be:a United States citizen;an attorney licensed to practice law in the state;an active member of the Utah State Bar in good standing;except as provided in Subsection (2), a registered voter in the county or prosecution district in which the attorney is elected to office; andexcept as provided in Subsection (2), as of the date of election, a resident for at least one year of the county or prosecution district in which the individual seeks office.
(2) An individual appointed to the office of county or district attorney in accordance with Section 20A-1-509.2 shall be:a United States citizen;an attorney licensed to practice law in the state; andan active member of the Utah State Bar in good standing.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-203 - License suspended — Vacancy.
(1) If a county attorney or district attorney is suspended or disbarred from the practice of law in the state, the county attorney’s or district attorney’s office is considered vacant immediately upon suspension or disbarment.
(2) A vacancy in the office of county attorney or district attorney shall be filled as provided in Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Powers, Duties, and Prohibitions
17-68-301 - County and district attorney duties, powers, and functions — Legislative functions.
(1) The duties, functions, and responsibilities of a county attorney or district attorney, acting as a public prosecutor or as civil counsel, are as provided in this chapter.
(2) The attorney:may review a state statute;shall review each county ordinance;shall call to the attention of the state Legislature or the county legislative body any defect in the operation of the law; andshall suggest and assist the Legislature or county legislative body in presenting an amendment to correct a defect described in Subsection (2)(c).
(3) The attorney shall perform each duty and responsibility of public prosecutor and civil counsel as provided by statute or ordinance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-302 - County attorney powers and functions.
(1) Except within a county that is located in a prosecution district, the county attorney:is a public prosecutor for the county; andshall perform each public prosecutor and civil counsel duty in accordance with this chapter or as otherwise required by law.
(2) In a county that is located within a prosecution district, the county attorney:is the civil counsel for the county; andshall perform each civil counsel duty in the county or prosecution district in accordance with this chapter or as otherwise required by law.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-303 - District attorney powers and functions.
In a county that is located within a prosecution district, the district attorney:
(1) is a public prosecutor for the county; and
(2) shall perform each public prosecutor duty in accordance with this chapter or as otherwise required by law.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-304 - Assistance to the attorney general.
(1) The attorney shall appear and assist the attorney general in criminal and civil legal matters involving the state if:except as provided in Subsection (1)(b), the attorney general requests assistance; orthe attorney is required by law to provide assistance.The attorney is not required to provide, if requested, the attorney general assistance if the attorney’s assistance would:interfere with the attorney’s duties and responsibilities to the county; orcreate a conflict of interest.The attorney shall cooperate with the attorney general in an investigation.
(2) The attorney general shall assist the attorney with a criminal prosecution if a court:finds that the attorney is unable to satisfactorily and adequately perform the duties of prosecuting a criminal case; andrecommends that the attorney seek additional legal assistance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-305 - Deputy attorneys.
(1) The attorney may employ a deputy attorney to perform the duties of public prosecutor or civil counsel.
(2) Subject to the approval of the county attorney, the district attorney may cross deputize a county deputy attorney as a deputy district attorney.Subject to the approval of the district attorney, the county attorney may cross deputize a deputy district attorney as a deputy county attorney.
(3) The county attorney may specially deputize, for a limited time or limited purpose, an attorney licensed to practice law in the state and in good standing with the Utah State Bar as a deputy to assist in any public prosecutor or civil counsel duties specified in the special deputization.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-306 - Prohibited acts.
(1) Within the state, the attorney may not consult with or otherwise represent a person charged with a crime, misdemeanor, or breach of a criminal statute or ordinance.
(2) A public prosecutor may not prosecute or dismiss in the name of the state a case in which the public prosecutor has previously acted as legal counsel for the accused.
(3) A public prosecutor may not after the filing of an indictment or information and without the consent of the court:compromise a prosecution; orenter a plea of nolle prosequi.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Prosecution District
17-68-401 - Creation of a prosecution district.
A county legislative body may, by ordinance, create a countywide prosecution district.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-402 - Multicounty prosecution district.
(1) Subject to Subsection (2), two or more counties, whether contiguous, may enter into an agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, to create and maintain a prosecution district.A prosecution district described in Subsection (1)(a) shall include all of the area within the boundaries of each county party to the agreement.
(2) A county may not enter into an agreement to create a multicounty prosecution district unless each county entering into the agreement is located within a single judicial district, as described in Section 78A-1-102, with the other party counties.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-403 - Dissolution of prosecution district.
(1) A county legislative body of a prosecution district created under Section 17-68-401, or the legislative bodies of multiple counties within a multicounty prosecution district created under Section 17-68-402, may not dissolve the prosecution district or multicounty prosecution district, respectively, during the term of office of an elected or appointed district attorney.
(2) Each county legislative body shall ensure that an ordinance dissolving a prosecution district within a single county or an interlocal agreement dissolving a prosecution district within multiple counties:is enacted before February 1 of the year in which the regular general election, as defined in Section 20A-1-102, is held to elect an attorney; andtakes effect on the first Monday in January after the year in which the attorney is elected.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Public Prosecutor Duties
17-68-501 - Public prosecutor powers and duties.
An attorney who serves as a public prosecutor shall:
(1) except for a prosecution undertaken by a city attorney under Section 10-3-928, conduct, on behalf of the state, all prosecutions for a public offense committed within a county or prosecution district;
(2) conduct, on behalf of the county, all prosecutions for a public offense in violation of a county criminal ordinance; and
(3) perform all other duties and responsibilities as required by law.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-502 - Public prosecutor’s ethical duties.
An attorney exercising public prosecutor duties under this chapter:
(1) is a lawyer representing an organization as a client under the Rules of Professional Conduct, Rule 1.13;
(2) represents the state as an organizational client;
(3) is considered the representative of the state; and
(4) is empowered to make commitments for and decisions on behalf of the state.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-503 - Pretrial responsibilities.
(1) A public prosecutor shall:institute proceedings before the proper court:for the arrest of a person charged with a public offense; orif the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;draw all indictments and information for offenses against:the laws of the state occurring within the county; andthe criminal ordinances of the county;cause all persons under indictment or informed against to be speedily arraigned for crimes charged; andissue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.A public prosecutor described in Subsection (1)(a)(i)(B) shall:assist and attend the deliberations of the grand jury; andprepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.
(2) The public prosecutor may:examine as to the sufficiency of an appearance bond that may be tendered to the court; andupon a court order:institute proceedings for the recovery upon forfeiture of a bond running to the state or county; andenforce the collection of a bond described in Subsection (2)(b)(i).
(3) The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-504 - Appeals.
(1) A public prosecutor shall assist and cooperate, as required by the attorney general, in a case that may be appealed to the Court of Appeals or Utah Supreme Court regarding a criminal violation of state statute.
(2) A public prosecutor shall appear and prosecute all appeals, in the appropriate court, for a crime charged as a misdemeanor in district court or as a violation of a county criminal ordinance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-505 - Juvenile proceedings.
For a proceeding involving an offense committed by a minor as defined in Section 80-1-102 , a public prosecutor shall:
(1) review cases in accordance with Title 80, Chapter 6, Juvenile Justice; and
(2) appear and prosecute for the state in the juvenile court of the county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-506 - Civil responsibilities of public prosecutors.
A public prosecutor may act as legal counsel to the state, county, government agency, or government entity regarding the following matters of civil law:
(1) bail bond forfeiture actions;
(2) actions for the forfeiture of property or contraband, as provided in Title 77, Chapter 11b, Forfeiture of Seized Property;
(3) civil actions incidental to or appropriate to supplement a public prosecutor’s duties, including an injunction, a habeas corpus, a declaratory action, or an extraordinary writ action, in which the interests of the state may be affected; and
(4) any other civil duties related to criminal prosecution that are otherwise provided by statute.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Counsel for Civil Matters
17-68-601 - Duties as civil counsel.
The attorney serves as civil counsel to the county and shall:
(1) appear in, prosecute, and defend each civil action in which the county is a party;
(2) prosecute, either directly or through a private contract for debt collection, each action for the recovery of debts, fines, penalties, and forfeitures accruing to the county;
(3) prosecute each appeal regarding a civil counsel’s duties or functions in which the county is a party;
(4) act as the civil legal advisor to the county; and
(5) attend the meetings and hearings of the county legislative body as necessary.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-602 - Ethical duties of civil counsel — County is client.
(1) An attorney acting as civil counsel under this chapter represents an organization as a client in accordance with Rules of Professional Conduct, Rule 1.13.The county is the client organization described in Subsection (1)(a).
(2) The attorney:does not represent a county commission, county agency, county board, county council, county officer, or county employee;counsels with the county regarding civil matters; andreceives direction from the county through the county elected officers in accordance with the officers’ duties and powers in accordance with law.
(3) Notwithstanding Subsection (2)(a), the attorney may represent an employee named as a party in litigation:with the approval of the county executive; andif permitted by law and the Rules of Professional Conduct.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-603 - Civil violation of county ordinance.
The civil counsel shall enforce and prosecute, in the appropriate court, civil violations of a county ordinance.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-604 - Legal opinions — Review and advise as to form — Escheats to the state.
(1) Upon request by a county officer or the county legislative body, the civil counsel shall prepare a legal opinion in writing to a county officer on matters relating to the duties of the respective county officer’s office.
(2) The civil counsel shall review and advise as to form and legality each county contract, ordinance, regulation, real estate document, conveyance, and legal document.
(3) The civil counsel shall:assist in determining what estate or property located within the county escheates or reverts to the state; andprovide assistance to the county assessor and the state auditor in discovering and recovering an escheat.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-68-605 - County attorney to review certain county plans, county contracts — List nonexhaustive.
(1) In addition to the duties described in this chapter, the county attorney shall: review and provide to the county legislative body a legal opinion, in writing, on a proposed optional plan for a form of government under Section 17-62-405; andfulfill the obligations described in Section 17E-6-301 for correctional facility telephone service contracts.
(2) The list of duties in this section is nonexhaustive.
Enacted by Chapter 13, 2025 Special Session 1