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This entry was published on 2014-09-22
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SECTION 701
Special district attorney
County (CNT) CHAPTER 11, ARTICLE 18
§ 701. Special district attorney. 1. Whenever the district attorney of
any county and such assistants as he or she may have shall not be in
attendance at a term of any court of record, which he or she is by law
required to attend, or are disqualified from acting in a particular case
to discharge his or her duties at a term of any court, a superior
criminal court in the county wherein the action is triable may, by
order:

(a) appoint some attorney at law having an office in or residing in
the county, or any adjoining county, to act as special district attorney
during the absence, inability or disqualification of the district
attorney and such assistants as he or she may have; or

(b) appoint a district attorney of any other county within the
judicial department or of any county adjoining the county wherein the
action is triable to act as special district attorney, provided such
district attorney agrees to accept appointment by such criminal court
during such absence, inability or disqualification of the district
attorney and such assistants as he or she may have.

2. If, for any reason, the appointment of a special district attorney
cannot be effectuated pursuant to paragraph (a) or (b) of subdivision
one of this section, the court shall then attempt to effect such
appointment pursuant to the other such paragraph.

3. Where a special district attorney appointed under this section is a
district attorney, he or she may direct the exercise of such powers and
the performance of such duties by any assistant in his or her office in
any case in which he or she serves as special district attorney to the
same extent permitted by law in any case in which he or she serves as
district attorney.

4. No appointment made under this section shall be for a period beyond
the adjournment of the term at which made. Where, however, an
appointment is required under this section for a particular case because
of the disqualification of the district attorney, the appointment may be
made for all purposes, including disposition. The special district
attorney so appointed shall possess the powers and discharge the duties
of the district attorney during the period for which he or she shall be
appointed. The provisions of this section shall also apply to a county
wholly contained within a city.

5. Where a special district attorney is appointed under this section,
the board of supervisors of the county wherein such special district
attorney serves, after having been notified and provided with an
opportunity to be heard, shall pay the necessary disbursements of, and a
reasonable compensation for, the services of the person so appointed and
acting, as certified by the presiding judge or justice. Nothing
contained herein shall prevent any county from entering into an
agreement with any other county for the compensation of a special
district attorney appointed pursuant to paragraph (b) of subdivision one
of this section. In no event shall the compensation paid pursuant to
paragraph (b) of subdivision one of this section exceed the compensation
paid by the county in which such district attorney, or his or her
assistants, serves.