77-10a-12.   Representation of state -- Appointment and compensation of special prosecutor.
     (1) The state may be represented before any grand jury summoned in the state by the attorney general and his assistants, county attorney or district attorney and his deputies, and special prosecutors appointed under this chapter and their assistants.
     (2) The supervising judge shall determine if a special prosecutor is necessary. He may appoint a special prosecutor only upon good cause shown and after making a written finding that a conflict of interest exists in the office of the attorney general or the office of the county attorney or district attorney who would otherwise represent the state before the grand jury.
     (3) In selecting a special prosecutor, the supervising judge shall give preference to the attorney general and his assistants, and the county attorney or district attorney and his deputies.
     (4) (a) The compensation of a special prosecutor appointed under this chapter who is an employee of the Office of the Attorney General or the office of a county attorney or district attorney is only the current compensation he receives in that office.
     (b) The compensation for an appointed special prosecutor who is not an employee of a prosecutorial office under Subsection (4)(a) shall be comparable to the compensation of a deputy or assistant attorney general having similar experience to that of the special prosecutor.

Amended by Chapter 38, 1993 General Session
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Last revised: Thursday, May 28, 2009