22a-104.
Duties; representation of county hospital not required.
(a) Except as otherwise provided in this section, it shall be the duty of the district attorney to appear in the several courts of the judicial district in which the district attorney is elected and to prosecute or defend, on behalf of the people therein, all matters arising under the laws of this state, and such civil matters as are instituted by the district attorney, in which the state or any county in such judicial district is a party or has an interest. Any power or duty now conferred or imposed by law upon all county attorneys within their respective counties shall be exercised or performed by district attorneys within their respective districts, or by any of their assistants or deputies provided for in this act.
(b) No district attorney shall be required to appear in any civil action or proceeding which relates to the operation of any county hospital of any county in the judicial district. The district attorney may appear in any such civil action or proceeding at the district attorney's discretion, when requested by the board of county commissioners or the board of the county hospital.
History:
L. 1972, ch. 71, § 4; L. 1984, ch. 100, § 4; July 1.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1981–2024 · leading case:
Allen v. Kline, 507 F. Supp. 2d 1150 (D. Kan. 2007).
Allen v. Kline, 507 F. Supp. 2d 1150 (D. Kan. 2007).
· cites it 4× “The statute provides that "it shall be the duty of the district attorney to appear in the several courts of the judicial district .”
In re Kline, 311 P.3d 321 (Kan. 2013).
“Moreover, Kline’s argument that he did not violate any duty to “a client” appears designed to minimize the significance of his violations of duties to the general public, tire legal system, and the legal profession.”
State v. Antwine & McHenry, 636 P.2d 208 (Kan. Ct. App. 1981).
“It is the position of the State that the prosecutor has unbridled discretion in the determination of what property, if any, is to be held for use as physical evidence during the trial.”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
“19-702(a) (county attorney); K.S.A. 22a-104(a) (district attorney). After a prosecution has begun by any of the three methods, the State's ability to amend the charging document is limited.”
State v. Kain (Kan. Ct. App. 2024).
· cites it 2× “K.S.A. 22a-104. The district attorney is authorized by K.”
— K.S.A. § 22a-104(a) — 2 cases
Allen v. Kline, 507 F. Supp. 2d 1150 (D. Kan. 2007).
“The statute provides that "it shall be the duty of the district attorney to appear in the several courts of the judicial district .”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
“19-702(a) (county attorney); K.S.A. 22a-104(a) (district attorney). After a prosecution has begun by any of the three methods, the State's ability to amend the charging document is limited.”
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