Missouri Revised Statutes

Mo. Rev. Stat. § 56.060 (2026)

Prosecutor's duties, generally, expenses

✓ current as of May 2026

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56.060. Prosecutor's duties, generally, expenses — employed attorney, how compensated. — 1. Each prosecuting attorney shall commence and prosecute all civil and criminal actions in the prosecuting attorney's county in which the county or state is concerned, defend all suits against the state or county, and prosecute forfeited recognizances and actions for the recovery of debts, fines, penalties and forfeitures accruing to the state or county. In all cases, civil and criminal, in which changes of venue are granted, the prosecuting attorney shall follow and prosecute or defend, as the case may be, all the causes, for which, in addition to the fees now allowed by law, the prosecuting attorney shall receive his or her actual expenses. If any misdemeanor case is taken to the court of appeals by appeal the prosecuting attorney shall represent the state in the case in the court and make out and cause to be printed, at the expense of the county, all necessary abstracts of record and briefs, and if necessary appear in the court in person, or shall employ some attorney at the prosecuting attorney's own expense to represent the state in the court, and for his or her services he or she shall receive the compensation that is proper, not to exceed twenty-five dollars for each case, and necessary traveling expenses, to be audited and paid as other claims are audited and paid by the county commission of the county.

2. Notwithstanding the provisions of subsection 1 of this section, in any county for which a county counselor is appointed, the prosecuting attorney shall only perform those duties prescribed by subsection 1 of this section which are not performed by the county counselor under the provisions of law relating to the office of county counselor.

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(RSMo 1939 § 12942, A.L. 1959 S.B. 67, A.L. 1971 H.B. 779, A.L. 1973 H.B. 670, A.L. 2005 S.B. 210)

Prior revisions: 1929 § 11316; 1919 § 736; 1909 § 1007

(1953) Prosecuting attorney is quasi-judicial officer and the right to enter a nolle prosequi in a criminal case is within his sole discretion. Such discretion cannot be controlled by the court. State ex rel. Griffin v. Smith, 363 Mo. 1235, 258 S.W.2d 590.

(1954) Prosecuting attorney does not have concurrent authority with the attorney general to institute quo warranto proceedings; he is limited to cases involving issues having a local situs in his county. State ex rel. Schneider's Credit Jewelers v. Brackman (Mo.), 272 S.W.2d 289.

(1959) Evidence held sufficient to show proper exercise of discretion in entering nolle prosequi in prosecution of election offenses. State ex inf. Dalton v. Moody (Mo.), 325 S.W.2d 21.

(1976) Held, private prosecutors prohibited. State v. Harrington (Mo. banc), 534 S.W.2d 44.

(1985) A prosecuting attorney does not have the exclusive and unrestricted discretion to enter a nolle prosequi after verdict and before judgment and sentencing. State ex rel. Norwood v. Drumm, 691 S.W.2d 238.

Notes of Decisions

Cited in 32 cases (2 in the last 5 years), 1953–2025 · leading case: Simpson v. Kilcher, 749 S.W.2d 386 (Mo. 1988).

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Simpson v. Kilcher, 749 S.W.2d 386 (Mo. 1988). · cites it 6× “That section defines the crime, and section 56.060, RSMo 1986, requires the prosecutor to "commence and prosecute all civil and criminal actions in his county in which the county or state is concerned.”

Kilmer v. Hui Chan Mun, 17 S.W.3d 545 (Mo. 2000). · cites it 6× “Furthermore, there is no legislative delegation of power to the prosecutors for the purpose of allowing them to dictate, at least in part, if and when a cause of action exists.”

State Ex Rel. Norwood v. Drumm, 691 S.W.2d 238 (Mo. 1985). · cites it 6× “The prosecutor earlier stated, in confessing defendant's motion for a new trial, that after defendant's trial and conviction, he passed a polygraph examination and that the prosecutor verified some of the statements given.”

State v. Harrington, 534 S.W.2d 44 (Mo. 1976). · cites it 4× “010, RSMo 1969] and mandatorily direct that the prosecuting attorney "shall commence and prosecute" the criminal actions in his county [§ 56.060, RSMo 1969]. Authority is granted for the appointment of assistant prosecuting attorneys [§ 56.”

Terre Du Lac, Inc. v. Black, 713 S.W.2d 18 (Mo. Ct. App. 1986). · cites it 9× “Francois County Prosecuting Attorney representing the officials pursuant to § 56.060 RSMo. 1978. Appellants, maintaining that they had not been informed or consented to the judgment of January 18, 1985, filed a motion to vacate the consent judgment on Thursday, February 14, 1985.”

State v. Murphy, 358 S.W.3d 126 (Mo. Ct. App. 2011). · cites it 6× “Section 56.060, RSMo. Cum.Supp.2005; State v.”

Campbell v. Dir. of Revenue, 297 S.W.3d 656 (Mo. Ct. App. 2009). · cites it 3× “Campbell relies on three statutes in support of his argument that only the Andrew County Prosecuting Attorney could represent the Director at the hearing: sections 56.060, RSMo Cum.Supp.2008, 56.090, RSMo 2000, and 302.”

State ex rel. Schultz v. Harper, 573 S.W.2d 427 (Mo. Ct. App. 1978). · cites it 4× “Or stated in another light, to what extent can or should he exercise his discretion in such circumstances? The appellant-prosecutor’s position is that under the statutes, § 56.060 RSMo 1969, and § 545.250 RSMo 1929, RSMo 1969, and the decisional law relating thereto, upon the…”

State v. Morovitz, 867 S.W.2d 506 (Mo. 1993). · cites it 2× “Despite the statutory requirement of § 56.060 RSMo 1986, no brief was filed by the State in this case, either ⅛ the court of appeals or in this Court.”

State of Missouri, Plaintiff-respondent v. David James Milcendeau, 571 S.W.3d 178 (Mo. Ct. App. 2019). · cites it 2× “Defendant’s last argument is based upon § 56.060. In pertinent part, this statute states: Each prosecuting attorney shall commence and prosecute all civil and criminal actions in the prosecuting attorney’s county in which the county or state is concerned, defend all suits…”

State v. Harris, 939 S.W.2d 915 (Mo. Ct. App. 1996). · cites it 4× “*919 Section 56.060 states that “[e]ach prosecuting attorney shall commence and prosecute all civil and criminal actions in his county in which the county or state is concerned, [and] defend all suits against the state or county_” § 56.”

Midwest Freedom Coalition, LLC v. Koster, 398 S.W.3d 23 (Mo. Ct. App. 2013). · cites it 3× “§ 56.060. 3 The Attorney General may also prosecute criminal cases in special circumstances, but these circumstances are not applicable here.”

Show all 32 citing cases →

— Mo. Rev. Stat. § 56.060(1) — 1 case

State ex rel. Reardon v. Brandom, 973 S.W.2d 187 (Mo. Ct. App. 1998).

— Mo. Rev. Stat. § 56.060(2) — 1 case

State ex rel. Reardon v. Brandom, 973 S.W.2d 187 (Mo. Ct. App. 1998).

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