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.
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors
Section 56.010 - Prosecuting attorney — election — qualifications.
Section 56.020 - When term begins.
Section 56.060 - Prosecutor's duties, generally, expenses — employed attorney, how compensated.
Section 56.070 - Prosecuting attorney's duties — exception.
Section 56.080 - Duties — habeas corpus.
Section 56.090 - Must be present, when.
Section 56.095 - Annual report required (second class and certain first class counties).
Section 56.110 - If interested in case, court to appoint substitute.
Section 56.120 - When sick, court to appoint substitute.
Section 56.130 - Power of appointee.
Section 56.140 - Subject to fine, when.
Section 56.180 - Assistants — duties (first class counties).
Section 56.190 - Stenographers — duties (first class counties).
Section 56.200 - Assistants — qualifications, salaries (second class counties).
Section 56.210 - Assistants commissioned (second class counties).
Section 56.220 - Assistants — term of office — vacancy, how filled (second class counties).
Section 56.230 - Stenographic and clerical help (second class counties).
Section 56.245 - Stenographic and clerical help, compensation (third and fourth class counties).
Section 56.305 - Judicial paroles — duties (third and fourth class counties).
Section 56.320 - Fees paid to county treasury (first class counties).
Section 56.330 - Fees set aside as contingent fund (first class counties).
Section 56.340 - Fees — records — collection (second, third and fourth class counties).
Section 56.350 - Acceptance of fee for signing pardon application deemed bribery — penalty.
Section 56.360 - Employment in criminal cases prohibited — civil practice authorized.
Section 56.410 - May be suspended upon indictment — governor to appoint successor.
Section 56.420 - Restoration to office.
Section 56.430 - Circuit attorney — election — qualifications (St. Louis City).
Section 56.450 - Circuit attorney — duties (St. Louis City).
Section 56.453 - Circuit attorney, additional duties, how established.
Section 56.455 - Circuit attorney to report on felons (St. Louis City).
Section 56.510 - Circuit attorney, duties, coroners' inquests.
Section 56.530 - Circuit attorney, contingent fund.
Section 56.550 - Circuit attorneys and assistants — oaths — duties.
Section 56.570 - Assistants and clerks — tenure.
Section 56.600 - Circuit attorney — salary — fees, collection, disposition.
Section 56.631 - County counselor, how appointed, tenure, qualifications, compensation.
Section 56.640 - County counselor and assistants, duties of.
Section 56.660 - Special county counselors — employment — compensation — qualifications.
Section 56.700 - Assistants for prosecuting attorneys, number, appointment, compensation.
Section 56.750 - Office of prosecution services created — purpose — services.
Section 56.755 - Executive director — staff — duties — office site.
Section 56.770 - Office of prosecution services not to usurp powers and duties of other officials.
Section 56.775 - Severability of provisions.
Section 56.800 - Retirement fund authorized, administration of.
Section 56.811 - Members, eligibility.
Section 56.814 - Retirement age, creditable service required for normal annuity.
Section 56.816 - Normal annuity, computation of — reserve account established, purpose.
Section 56.816 - Normal annuity, computation of — reserve account established, purpose.
Section 56.818 - Benefits, annual cost-of-living increase, limits.
Section 56.820 - Partial years to be used in computation of creditable service.
Section 56.823 - Prior service, credit, limitation, amount.
Section 56.824 - Certain members may elect reduced benefit at age sixty-two.
Section 56.825 - Retirement of member, application to board — payments to begin, when.
Section 56.830 - Death benefits, amount — surviving spouse entitled to benefits, when.