19-717.
Prosecuting witness may employ assistant attorney; dismissal of action in such cases, when.
That the prosecuting witness in any criminal action or proceeding may, at his own expense, employ an attorney or attorneys to assist the county attorney to perform his duties in any criminal action or proceeding under any of the laws of the state of Kansas, and such attorney or attorneys shall be recognized by the county attorney and court as associate counsel in such action or proceeding, and no prosecution shall be dismissed over the objection of such associate counsel until the reason of the county attorney for such dismissal, together with the objections thereto of such associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court.
History:
L. 1901, ch. 62, § 1; March 15; R.S. 1923, 19-717.
CASE ANNOTATIONS
1. Special prosecutor properly employed hereunder not under K.S.A. 19-718, 19-719. State v. Atwood, 187 Kan. 548, 558, 358 P.2d 726.
2. Discussed in opinion affirming conviction. State v. Ellis, 192 Kan. 315, 317, 387 P.2d 198.
3. Brother of murder victim held to be prosecuting witness for purpose of retaining special prosecutor. State v. Sandstrom, 225 Kan. 717, 723, 595 P.2d 324.
4. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 949, 678 P.2d 146 (1984).
5. Attorney hired to assist prosecutor not special prosecutor within K.S.A. 22-2202(17); cannot appeal dismissal of complaint. State v. Berg, 236 Kan. 562, 565, 566, 694 P.2d 427 (1985).
9. Trial court had no jurisdiction to compel prosecuting witness to produce medical records; respondents should have issued subpoena. In re J.T.M., 22 Kan. App. 2d 673, 678, 922 P.2d 1103 (1996).
Pabst v. State, 192 P.3d 630 (Kan. 2008). · cites it 18ד*3 Upon the retrial in 2000, the victim’s parents hired a private attorney, Pedro Irigonegaray, to act as associate counsel to assist the prosecutor, pursuant to K.S.A. 19-717. Irigonegaray actively participated in the murder trial.”
State v. Baker, 819 P.2d 1173 (Kan. 1991). · cites it 10ד*443 ASSISTANT ATTORNEY For his second issue, defendant contends the use of an assistant attorney exceeded the scope of involvement permitted by K.S.A. 19-717, and, thus, violated his right to a fair trial.”
State v. Berg, 694 P.2d 427 (Kan. 1985). · cites it 9דThe appeal is brought by the associate counsel for the prosecution who was hired pursuant to K.S.A. 19-717 by the complaining witness, Jerry L.”
State v. McIntosh, 58 P.3d 716 (Kan. 2002). · cites it 2דOn appeal, the Court of Appeals held that because Cargill had hired an attorney to assist in the prosecution pursuant to K.S.A. 19-717 and this attorney had knowledge and control of the items requested by the defendant, the items were subject to discovery under K.”
Good v. Bd. of Cnty. Com'rs of Cnty. of Shawnee, 331 F. Supp. 2d 1315 (D. Kan. 2004). · cites it 4דOn May 10,1999, Pedro Irigone-garay and Robert Eye entered their appearances in the plaintiffs perjury case as counsel for Holladay, Blume and Jaramillo pursuant to K.S.A. 19-717. 6 *1322 On May 11, 1999, Judge Rosen found in the Hernandez proceeding that plaintiff knew of…”
State v. Sandstrom, 595 P.2d 324 (Kan. 1979). · cites it 2דK.S.A. 19-717 provides that ‘the prosecuting witness .”
State v. Dressel, 738 P.2d 830 (Kan. 1987). · cites it 4דFundamental fairness requires the asso *432 ciate counsel allowed under K.S.A. 19-717 to be bound by the discovery requirements of our criminal procedure.”
State v. McNaught, 713 P.2d 457 (Kan. 1986). “That point was whether the employment of an associate prosecutor pursuant to K.S.A. 19-717 and selected by the victim’s family, denied defendant due process of law.”
State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984). “K.S.A. 19-717 authorizes the prosecuting witness to employ, at his own expense, an attorney to assist the county attorney to perform his duty in a criminal action.”
People v. Robinson, 27 Misc. 3d 635 (N.Y. Sup. Ct. 2010). “The only parties to criminal litigation in this state are the People, represented by the district attorney of the county, and the accused, represented by assigned or retained counsel.”
State v. Rollins, 941 P.2d 411 (Kan. Ct. App. 1997). “Such a reading is consistent with K.S.A. 19-717, which allows a prosecuting witness to employ an attorney to assist the county attorney in performing his or her duty in a criminal action without having to obtain the county commissioners’ prior approval.”
State v. Dressel, 729 P.2d 1245 (Kan. Ct. App. 1986). · cites it 2ד” The attorney hired by Cargill was allowed to assist in the prosecution pursuant to K.S.A. 19-717. “[T]he prosecuting witness in any criminal action or proceeding may, at his own expense, employ an attorney or attorneys to assist the county attorney to perform his duties in any…”
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