K.S.A. » Chapter 19
Kansas Statutes Annotated

K.S.A. § 19-711 (2026)

Absence or disability; appointment by court

✓ current as of May 2026
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19-711. Absence or disability; appointment by court. In the absence, sickness or disability of both the county attorney and his deputy, any court before whom it is his duty to appear and in which there may be business for him, may appoint an attorney to act as county attorney, by order to be entered upon the minutes of the court.

History: G.S. 1868, ch. 25, § 142; October 31; R.S. 1923, 19-711.

Notes of Decisions
Cited in 9 cases, 1984–2007 · leading case: State v. Mustafa Abdulla Abu-Isba, 685 P.2d 856 (Kan. 1984).
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State v. Mustafa Abdulla Abu-Isba, 685 P.2d 856 (Kan. 1984). · cites it 2× “K.S.A. 19-711 provides that when the county attorney is disabled, any court before whom it is his duty to appear may appoint an attorney to act as county attorney.”
State v. Baker, 819 P.2d 1173 (Kan. 1991). · cites it 2× “Although we find no Kansas cases which define `special prosecutor,' we are of the opinion that, as used in the statute, it refers to one who is temporarily appointed by the court to replace the absent county attorney pursuant to K.S.A. 19-711 or 19-715. The 19-717 attorney does…”
State v. Adams, 158 P.3d 977 (Kan. 2007). · cites it 2× “K.S.A. 19-711. When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy under K.”
State v. Wallace, 908 P.2d 1267 (Kan. 1995). · cites it 2× “K.S.A. 19-711. When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy under K.”
State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984). “K.S.A. 19-711 states that, in the absence, sickness or disability of both the county attorney and his deputy, the court may appoint an attorney to act as county attorney.”
State v. Rollins, 941 P.2d 411 (Kan. Ct. App. 1997). · cites it 2× “Both Rollins and the State agree with the trial court that Biggs is not a “special prosecutor” because there is no indication that the Saline County Attorney or her assistants were absent or disabled to allow the appointment of a special prosecutor under K.S.A. 19-711 or K.S.A.…”
State v. Dressel, 738 P.2d 830 (Kan. 1987). “22-2202(17), a “temporary county attorney,” as defined in K.”
State v. Berg, 694 P.2d 427 (Kan. 1985). “Although we find no Kansas cases which define “special prosecutor,” we are of the opinion that, as used in the statute, it refers to one who is temporarily appointed by the court to replace the absent county attorney pursuant to K.S.A. 19-711 or 19-715. The 19-717 attorney does…”
State ex rel. Stephan v. Reynolds, 673 P.2d 1188 (Kan. 1984). “K.S.A. 19-711 provides that when the county attorney is disabled, any court before whom it is his duty to appear may appoint an attorney to act as county attorney.”
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