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

K.S.A. § 19-723 (2026)

County commissioners authorized to hire additional counsel; when

✓ current as of May 2026
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19-723. County commissioners authorized to hire additional counsel; when. That when, in the judgment of the board of county commissioners of any county in this state, it becomes necessary or expedient, the said board of county commissioners may employ an additional attorney at law to assist the county attorney of its county in any specific investigation, prosecution or any civil or criminal matter involving the duties of said county attorney, and the said board of county commissioners may pay such attorney so employed reasonable compensation for his services, the same to be charged to the general fund of said county.

History: L. 1925, ch. 139, § 1; March 4.

Notes of Decisions
Cited in 6 cases, 1963–1997 · 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. 19-723 authorizes the board of county commissioners to employ an additional attorney to assist the county attorney.”
Brian Taylor v. H. Michael Nichols, Robert L. Pinet, R. Michael Latimer, James Allen, Michael T. Allen, Joe Ferns, Jack E. Davis & Victor E. Warren, 558 F.2d 561 (10th Cir. 1977). “However, the County Commissioners under K.S.A. 19-723 did have such authority. The County Commissioners appointed La-timer as the special prosecutor in accordance with the cited statute.”
State v. Rollins, 941 P.2d 411 (Kan. Ct. App. 1997). · cites it 4× “He argues that since there is no evidence in the record that the Saline County Board of Commissioners approved of Biggs’ appointment, he was not properly authorized as a special counsel.”
State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984). “Finally, we should note K.S.A. 19-723, which authorizes the county commissioners to employ an additional attorney at law to assist the county attorney in the investigation or prosecution of any civil or criminal matter involving the duties of the county attorney.”
State ex rel. Stephan v. Reynolds, 673 P.2d 1188 (Kan. 1984). · cites it 3× “Respondent Tom Smith was employed by the Board of County Commissioners of Meade County as a special prosecutor, under the provisions of K.S.A, 19-723, to prosecute the Meade County case.”
State v. Ellis, 387 P.2d 198 (Kan. 1963). · cites it 2× “Section 19-723 provides that when, in the judgment of the board of county commissioners, it becomes necessary or expedient, such board may employ an additional attorney to assist the county attorney in the prosecution of either civil or criminal matters.”
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