Idaho Code

Idaho Code § 31-2227 (2026)

Enforcement of penal laws — Primary responsibility.

✓ current as of May 2026

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Enforcement of penal laws — Primary responsibility.

(1) Irrespective of police powers vested by statute in state, county and municipal officers, and except where otherwise provided in Idaho Code, it is hereby declared to be the policy of the state of Idaho that the primary duty of enforcing all the penal provisions of any and all statutes of this state, in any court, is vested in the sheriff and prosecuting attorney of each of the several counties. When, in the judgment of such county officers, they need assistance from municipal peace officers within the county, they are authorized and directed to call for such assistance and local officers shall render assistance.

(2) When, in the judgment of such county officers, advice and/or assistance is needed which is not available in the county, the sheriff and/or the prosecuting attorney are directed to call upon the Idaho state police for such advice and assistance and the department shall render such cooperative service. Whenever in the opinion of the governor any peace officer of this state refuses to offer assistance when requested to do so, or refuses to perform any duty enjoined upon him by the penal statutes of this state, the governor shall direct the attorney general to commence action under chapter 41, title 19, Idaho Code, to remove such officer from office.

(3) When in the judgment of the governor the penal laws of this state are not being enforced as written, in any county, or counties, in this state, he may direct the director of the Idaho state police to act independently of the sheriff and prosecuting attorney in such county, or counties, to execute and enforce such penal laws. In such an instance, the attorney general shall exclusively exercise all duties, rights and responsibilities of the prosecuting attorney.

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 1959–2025 · leading case: State v. Summer, 76 P.3d 963 (Idaho 2003).

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State v. Summer, 76 P.3d 963 (Idaho 2003). · cites it 8× “Summer argues that this violates the division of prosecutorial activities as set forth in I.C. §§ 31-2227, 31-2604, 67-1401, and the prohibition of I.”

Newman v. Lance, 922 P.2d 395 (Idaho 1996). · cites it 4× “The Minidoka County Prosecutor contended that Idaho Code § 31-2604 clearly establishes that it is the duty of the county prosecuting attorney to prosecute all criminal actions in the county and that Idaho Code § 31-2227 states that the primary responsibility of criminal…”

Matsumoto v. Labrador, 122 F.4th 787 (9th Cir. 2024). · cites it 2× “” Idaho Code § 31-2227 . Idaho’s county prosecutors are vested with “the duty .”

Planned Parenthood Great Nw., Hawaii, Alaska v. Raul Labrador, 122 F.4th 825 (9th Cir. 2024). “Idaho Code § 31-2227 ; see also id. § 31-2604 (listing the duties of county prosecutors).”

Clark v. Meehl, 570 P.2d 1331 (Idaho 1977). · cites it 2× “It was argued that the county prosecuting attorney who had primary jurisdiction over the case, see I.C. § 31-2227, had done nothing to commence a criminal prosecution and, that the Attorney General lacked authority to prosecute the case in the absence of a special appointment…”

Monson v. Boyd, 348 P.2d 93 (Idaho 1959). · cites it 2× “Plaintiff calls attention to I.C. § 31-2227, which in part provides : “Irrespective of police powers vested by statute in state, precinct, county, and municipal officers, it is hereby dedared to be the policy of the state of Idaho that the primary duty of enforcing all the penal…”

Poe v. Labrador (D. Idaho 2023). · cites it 4× “Further, even though plaintiffs haven’t been threatened with prosecution, Bennetts is vested with authority to enforce all penal statutes in Ada County, see Idaho Code § 31-2227 (1), and she hasn’t disavowed HB 71.”

Seyb v. Members of the Idaho Bd. of Med. (D. Idaho 2025). · cites it 2× “1 See Idaho Code § 31-2227 (1). Dr. Seyb practices medicine in Boise, so there is undoubtedly causal connection between the Ada County prosecutor and Dr.”

Pena v. Minidoka Cnty., 984 P.2d 710 (Idaho 1999). · cites it 2× “Implicit in the Court’s opinion is the duly elected prosecutor’s right to protect and preserve that superior right to manage the prosecution of criminal cases from infringement by the Attorney General.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.