Effective 28 Aug 2005

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.