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Kansas Statutes Annotated

K.S.A. § 19-702 (2026)

Duties; representation of county hospital not required

✓ current as of May 2026
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19-702. Duties; representation of county hospital not required. (a) Except as otherwise provided in this section, it shall be the duty of the county attorney to appear in any court having jurisdiction within the county and prosecute or defend on behalf of the people all actions and proceedings, civil or criminal, in which the state or the county is a party or interested.

(b) No county attorney shall be required to appear in any civil action or proceeding which relates to the operation of the county hospital. The county attorney may appear in any such civil action or proceeding at the county attorney's discretion, when requested by the board of county commissioners or the board of the county hospital.

History: G.S. 1868, ch. 25, § 136; R.S. 1923, 19-702; L. 1984, ch. 100, § 1; July 1.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1968–2025 · leading case: Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020).
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Couser v. Gay, 959 F.3d 1018 (10th Cir. 2020). “See Kan. Stat. Ann. § 19-702 (a) (county attorneys have statutory duties to “prosecute or defend on behalf of the people all actions and proceedings, civil or criminal, in which the state or the county is a party or interested.”
State v. Mustafa Abdulla Abu-Isba, 685 P.2d 856 (Kan. 1984). · cites it 2× “] "K.S.A. 19-702 imposes a duty upon the county attorneys to appear in the several courts of their respective counties and prosecute or defend on behalf of the state all suits, civil or criminal, arising under the laws of this state, in which the state or the respective county…”
Schroeder v. Kochanowski, 311 F. Supp. 2d 1241 (D. Kan. 2004). “K.S.A. 19-702 (emphasis added). 45 . See State v.”
State v. Adams, 158 P.3d 977 (Kan. 2007). “K.S.A. 19-702(a). It noted the legislature recognized that in certain situations the county attorney will be unable to perform his or her statutory duties and appointment of temporary county attorneys is necessary.”
State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984). “K.S.A. 19-702 declares that it shall be the duty of the county attorney to appear and prosecute or defend on behalf of the people all suits, civil or criminal, arising under the laws of this state, in which the state or the county is a party or interested.”
Mobil Oil Corp. v. McHenry, 436 P.2d 982 (Kan. 1968). “) (Emphasis supplied.) See, also, Smith v. City of Prairie Village, supra.”
State v. Wallace, 908 P.2d 1267 (Kan. 1995). “K.S.A. 19-702(a). The legislature recognized that in certain situations the county attorney will be unable to perform his or her statutory duties and appointment of temporary county attorneys is necessary.”
State v. Rollins, 941 P.2d 411 (Kan. Ct. App. 1997). · cites it 2× “It is worth noting that under K.S.A. 19-702, a county attorney has a duty to appear in the courts of his or her respective county and prosecute or defend on the State’s behalf all suits, civil and criminal, arising under the laws of the State, in which thé State or the…”
Wilson v. City of Chanute, 43 F. Supp. 2d 1202 (D. Kan. 1999). “19-702 (county attorney has duty to appear and prosecute on behalf of the State); 19-703 (same); 19-711 (in absence, sickness, or disability of county attorney, court may appoint acting county attorney); 19-715 (judges may appoint temporary county attorney for their district);…”
State v. Ralston, 225 P.3d 741 (Kan. Ct. App. 2010). “See K.S.A. 19-702 (county attorneys); K.S.A. 22-2202(17) (prosecuting attorneys generally).”
State ex rel. Stephan v. Reynolds, 673 P.2d 1188 (Kan. 1984). “K.S.A. 19-702 imposes a duty upon the county attorneys to appear in the several courts of their respective counties and prosecute or defend on behalf of the state all suits, civil or criminal, arising under the laws of this state, in which the state or the respective county is…”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021). “After a prosecution has begun by any of the three methods, the State's ability to amend the charging document is limited. For a complaint or information, the court may permit the prosecutor to amend the complaint or information "at any time before verdict or finding if no…”
Show all 14 citing cases →
— K.S.A. § 19-702(a) — 4 cases
State v. Adams, 158 P.3d 977 (Kan. 2007). “K.S.A. 19-702(a). It noted the legislature recognized that in certain situations the county attorney will be unable to perform his or her statutory duties and appointment of temporary county attorneys is necessary.”
State v. Wallace, 908 P.2d 1267 (Kan. 1995). “K.S.A. 19-702(a). The legislature recognized that in certain situations the county attorney will be unable to perform his or her statutory duties and appointment of temporary county attorneys is necessary.”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021). “After a prosecution has begun by any of the three methods, the State's ability to amend the charging document is limited. For a complaint or information, the court may permit the prosecutor to amend the complaint or information "at any time before verdict or finding if no…”
Todd v. Sedgwick Cnty. Emergency Med. Svcs. (Kan. Ct. App. 2025).
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