Minnesota Statutes

Minn. Stat. § 388.12 (2026)

Attorney To Assist

✓ current as of May 2026

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The judge of any district court may by order entered in the minutes at any term of court appoint an attorney of such court to act as, or in the place of, or to assist the county attorney at such term, either before the court or grand jury. The person so appointed shall take the oath required by law of county attorneys and thereupon may perform all duties at such term of court, but shall receive no compensation where the county attorney is present at such term, except by the county attorney's consent, and to be paid from the county attorney's salary.

Notes of Decisions

Cited in 3 cases, 1992–1995 · leading case: State Ex. Rel. Graham v. Klumpp, 536 N.W.2d 613 (Minn. 1995).

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State Ex. Rel. Graham v. Klumpp, 536 N.W.2d 613 (Minn. 1995). · cites it 14× “01 (1992) for the attorney general to prosecute Anthony Eklund and Todd Davis for alleged criminal sexual conduct and the Crow Wing County District Court’s simultaneous appointment pursuant to Minn.Stat. § 388.12 (1992) of the attorney general to prosecute Eklund and Davis.”

Harman v. Frye, 425 S.E.2d 566 (W. Va. 1992). “Next, the Court stated that the citizen could petition the district court, pursuant to Minn.Stat. § 388.12 (1968), and the court could appoint a special prosecutor if it deemed that it was necessary.”

State Ex Rel. Graham v. Klumpp, 523 N.W.2d 8 (Minn. Ct. App. 1994). · cites it 2× “Graham contests the validity of an ex parte *11 appointment under Minn.Stat. § 388.12 (1992). Because of our decision, we need not review this issue.”

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