Idaho Code
Idaho Code § 31-2604 (2026)
Duties of prosecuting attorney.
✓ current as of May 2026
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Duties of prosecuting attorney.
It is the duty of the prosecuting attorney:
1. To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the state, or the county, are interested, or are a party; and when the place of trial is changed in any such action or proceeding to another county, he must prosecute or defend the same in such other county.
2. To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the county or state is interested; and when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or city ordinances committed within the municipal limits of that city when the arresting or charging officer is a city employee.
3. To give advice to the board of county commissioners, and other public officers of his county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.
4. To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, informations and accusations; to issue subpoenas and other process requiring the attendance of witnesses.
5. On the first Monday of each month to settle with the auditor, and pay over all money collected or received by him during the preceding month, belonging to the county or state, to the county treasurer, taking his receipt therefor, and to file, on the first Monday of October in each year, in the office of the auditor of his county, an account verified by his affidavit, of all money received by him during the preceding year, by virtue of his office, for fines, forfeitures, penalties or costs, specifying the name of each person from whom he receives the same, the amount received from each, and the cause for which the same was paid.
6. To perform all other duties required of him by any law.
Notes of Decisions
Cited in 18
cases (3 in the last 5 years), 1953–2026 · leading case: State v. Lampien, 223 P.3d 750 (Idaho 2009).
State v. Lampien, 223 P.3d 750 (Idaho 2009). “See I.C. § 31-2604. He is not authorized to represent government agencies or their employees 5 in criminal proceedings, nor is he obligated to advocate their positions in such proceedings.”
Newman v. Lance, 922 P.2d 395 (Idaho 1996). “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…”
State v. Summer, 76 P.3d 963 (Idaho 2003). “In addition to the constitutionally established public policy calling for a distinction between the roles, the Legislature has set forth specific duties for prosecuting attorneys.”
State v. Card, 45 P.3d 838 (Idaho 2002). “On February 8, 2000, the district court ordered that Greiss be appointed as a special prosecutor pursuant to I.C. §§ 31-2604 and 31-2603(b). Card filed a motion to dismiss the indictment asserting, among other things, that the deputy attorney general was unauthorized to present…”
Henry v. Taylor, 267 P.3d 1270 (Idaho 2012). “It amended Idaho Code section 31-2604(2), to provide that it was a duty of a prosecuting attorney, “when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or…”
Selkirk Seed Co. v. Forney, 996 P.2d 798 (Idaho 2000). “The Haman Court held that Section 31-2604(1) of the Idaho Code, which imposes upon county prosecuting attorneys the duty of prosecuting actions in which the “people of the state .”
Planned Parenthood of Idaho, Inc. v. Wasden, 376 F.3d 908 (9th Cir. 2004). “The Ada County prosecutor acknowledges, correctly, that he is a proper defendant with regard to those provisions creating the potential for prosecution, see Idaho Code § 31-2604 (2) (2003), but denies any involvement in judicial bypass proceedings or the administrative penalties…”
State v. Carey Mitchell Baker, 322 P.3d 291 (Idaho 2014). “3d 750, 761 (2009) (citing I.C. § 31-2604). One of a prosecutor’s duties is [t]o prosecute or defend all actions .”
Shobe v. Ada Cnty. Bd. of Com'rs, 944 P.2d 715 (Idaho 1997). “” I.C. § 31-2604. The Shobes have cited no authority that invalidates the statutory scheme and have made no showing in this case that the prosecuting attorney’s participation deprived them of due process.”
Derting v. Walker, 739 P.2d 354 (Idaho 1987). “I.C. § 31-2604. Any compensation received for prosecution of city misdemeanors is outside the scope of either ID.”
Pocatello Educ. Ass'n v. Heideman, 123 F. App'x 765 (9th Cir. 2005). “Idaho Code § 31-2604 (2). However, this court has recently noted that under Idaho law, “ ‘[t]he attorney general may, in his assistance, do every act that the county attorney can perform.”
Kramer v. Twin Falls Cnty., 487 P.2d 951 (Idaho 1971). “I.C. § 31-2604. 1 The record suggests that the then prosecuting attorney may in any event have been disqualified from representing the judge.”
— Idaho Code § 31-2604(1) — 1 case
Selkirk Seed Co. v. Forney, 996 P.2d 798 (Idaho 2000). “The Haman Court held that Section 31-2604(1) of the Idaho Code, which imposes upon county prosecuting attorneys the duty of prosecuting actions in which the “people of the state .”
— Idaho Code § 31-2604(2) — 3 cases
State v. Summer, 76 P.3d 963 (Idaho 2003). “In addition to the constitutionally established public policy calling for a distinction between the roles, the Legislature has set forth specific duties for prosecuting attorneys.”
Henry v. Taylor, 267 P.3d 1270 (Idaho 2012). “It amended Idaho Code section 31-2604(2), to provide that it was a duty of a prosecuting attorney, “when a written contract to do so exists between the prosecuting attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or…”
Derting v. Walker, 739 P.2d 354 (Idaho 1987). “I.C. § 31-2604. Any compensation received for prosecution of city misdemeanors is outside the scope of either ID.”
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