Idaho Code
Idaho Code

Idaho Code § 31-2603 (2026)

Special prosecutor — Appointment. 

✓ current as of May 2026
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Special prosecutor — Appointment. 

(a) When the prosecuting attorney for the county is absent from the court, or when he has acted as counsel or attorney for a party accused in relation to the matter of which the accused stands charged, and for which he is to be tried on a criminal charge, or when he is near of kin to the party to be tried on a criminal charge, or when he has a business connection or kinship with the complainant or defendant, or when he is unable to attend to his duties, the district court may, upon petition of the prosecuting attorney or board of county commissioners, by an order entered in its minutes, stating the cause therefor, appoint some suitable person to perform for the time being, or for the trial of such accused person, the duties of such prosecuting attorney, and the person so appointed has all the powers of the prosecuting attorney, while so acting as such.

(b)  The prosecuting attorney may petition the district judge of his county for the appointment of a special assistant attorney-general to assist in the prosecution of any criminal case pending in the county; and if it appears to the district judge to whom such petition is addressed that good cause appears for granting such petition, the district judge, may, with the approval of the attorney-general, appoint an assistant attorney-general to assist in such prosecution. The compensation of the person so appointed shall be fixed by agreement between the district judge and the attorney-general and shall be paid by the attorney-general out of appropriations made available for the conduct of his office.
Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1952–2024 · 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 20× “This conclusion receives further support from I.C. § 31-2603 which allows a county prosecutor to petition the district court for appointment of a "special assistant attorney-general to assist in the prosecution of any criminal case pending in the county.”
State v. Bacon, 791 P.2d 429 (Idaho 1990). · cites it 16× “Former I.C. § 31-2603, which was in effect at the time of the appointment of the special prosecutor in this case, does not limit a special prosecuting attorney's role to a specifically named and filed case.”
Newman v. Lance, 922 P.2d 395 (Idaho 1996). · cites it 8× “” The Attorney General’s June 26,1996 letter, instructed the Minidoka County Prosecutor to “immediately file an Idaho Code § 31-2603 (a) petition to the Fifth Judicial District Court for that appointment” and informed the Minidoka County Prosecutor that once the Attorney General…”
Planned Parenthood Great Nw., Hawaii, Alaska v. Raul Labrador, 122 F.4th 825 (9th Cir. 2024). · cites it 2× “” The opinion concluded that, because the Idaho legislature has not specifically authorized the Attorney General to prosecute violations of § 18-622, the “Attorney General may not bring or assist in a prosecution under Idaho Code § 18-622 unless a county prosecutor specifically…”
State v. Smith, 23 P.3d 786 (Idaho Ct. App. 2001). · cites it 2× “Pursuant to I.C. § 31-2603(a), "the district court may .”
State v. Card, 45 P.3d 838 (Idaho 2002). · cites it 4× “Following the indictment, the Ada County Prosecuting Attorney (“Ada County”) appointed Greiss as a special prosecutor to handle Card’s case pursuant to Idaho Code § 31-2603 . A request was also made by Ada County to the district court for the appointment of Griess as a special…”
State v. Lankford, 535 P.3d 172 (Idaho 2023). · cites it 2× “The latter motion included an objection from Lankford to again continuing the trial, asserting that he had not waived his speedy trial rights. The Idaho County prosecutor petitioned the district court for the appointment of a special prosecutor on December 12, 2017.”
Coleman v. State, 246 S.W.3d 76 (Tex. Crim. App. 2008). “”); Idaho Code Ann. § 31-2603 (a) (2007)(“(a) When the prosecuting attorney for the county is absent from the court, or .”
State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998). · cites it 2× “Special Prosecutor We summarily dispose of Arrasmith’s argument that he was unlawfully prosecuted by one who had no authority. Arrasmith challenges the participation of Michael Kane, who was sworn in as a special deputy by the Nez Perce County Prosecutor in June of 1995 rather…”
Clark v. Meehl, 570 P.2d 1331 (Idaho 1977). · cites it 2× “§ 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 pursuant to I.C. § 31-2603. At the time of the scheduled preliminary hearing on February 10,1976, no…”
State v. Bell, 370 P.2d 508 (Idaho 1962). · cites it 2× “” I.C. § 31-2603. Upon petition of the prosecuting attorney, John T.”
State v. Evans, 243 P.2d 975 (Idaho 1952). · cites it 2× “The record reveals that when the court convened for the trial of this case the prosecuting attorney moved the court for the appointment of a special prosecutor to prosecute this case; the motion was supported by the affidavit of the prosecuting attorney and was granted.”
Show all 15 citing cases →
— Idaho Code § 31-2603(a) — 3 cases
State v. Smith, 23 P.3d 786 (Idaho Ct. App. 2001). “Pursuant to I.C. § 31-2603(a), "the district court may .”
State v. Bacon, 791 P.2d 429 (Idaho 1990). “Former I.C. § 31-2603, which was in effect at the time of the appointment of the special prosecutor in this case, does not limit a special prosecuting attorney's role to a specifically named and filed case.”
Newman v. Lance, 922 P.2d 395 (Idaho 1996). “” The Attorney General’s June 26,1996 letter, instructed the Minidoka County Prosecutor to “immediately file an Idaho Code § 31-2603 (a) petition to the Fifth Judicial District Court for that appointment” and informed the Minidoka County Prosecutor that once the Attorney General…”
— Idaho Code § 31-2603(b) — 2 cases
State v. Summer, 76 P.3d 963 (Idaho 2003). “This conclusion receives further support from I.C. § 31-2603 which allows a county prosecutor to petition the district court for appointment of a "special assistant attorney-general to assist in the prosecution of any criminal case pending in the county.”
State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998). “Special Prosecutor We summarily dispose of Arrasmith’s argument that he was unlawfully prosecuted by one who had no authority. Arrasmith challenges the participation of Michael Kane, who was sworn in as a special deputy by the Nez Perce County Prosecutor in June of 1995 rather…”
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