Missouri Revised Statutes
Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors
Section 56.110 - If interested in case, court to appoint substitute.

Effective - 28 Aug 2014
56.110. If interested in case, court to appoint substitute. — If the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his or her office, or shall be related to the defendant in any criminal prosecution, either by blood or by marriage, the court having criminal jurisdiction may appoint some other attorney to prosecute or defend the cause. Such special prosecutor shall not otherwise represent a party other than the state of Missouri in any criminal case or proceeding in that circuit for the duration of that appointment and shall be considered an appointed prosecutor for purposes of section 56.360.
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(RSMo 1939 § 12948, A.L. 2014 S.B. 621)
Prior revisions: 1929 § 11322; 1919 § 742; 1909 § 1012
(1976) An unchallenged verified application to disqualify a prosecuting attorney is merely a prima facie showing and does not require the court to appoint another prosecutor. State v. Burton (A.), 544 S.W.2d 60.

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Structure Missouri Revised Statutes

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 56.066 - Additional compensation (certain counties) — full-time prosecutor, St. Francois County.

Section 56.067 - Prosecuting attorney must devote full time to office or special prosecutions (certain counties).

Section 56.067 - Prosecuting attorney must devote full time to office or special prosecutions (certain counties).

Section 56.070 - Prosecuting attorney's duties — exception.

Section 56.080 - Duties — habeas corpus.

Section 56.085 - Criminal investigations, prosecutors or circuit attorneys may obtain subpoena for witnesses, records and books.

Section 56.087 - Dismissal of complaints, information, indictments, or counts by prosecuting or circuit attorneys without consent of the court — procedure.

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 56.151 - Assistants, investigators, clerical help, how paid, tenure — assistant prosecutors, qualifications of (certain first class counties).

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 56.240 - Assistant prosecuting attorneys — qualifications — oath — duties — compensation (third class counties).

Section 56.245 - Stenographic and clerical help, compensation (third and fourth class counties).

Section 56.250 - Special counsel — compensation — qualifications (second, third, and fourth class counties).

Section 56.265 - Compensation of prosecuting attorneys — training program, attendance required, when, expenses, compensation — definition, prosecuting attorney to include circuit attorney (noncharter counties).

Section 56.265 - Compensation of prosecuting attorneys — training program, attendance required, when, expenses, compensation — definition, prosecuting attorney to include circuit attorney (noncharter counties).

Section 56.291 - To prepare written brief for attorney general in appealed criminal cases (third and certain fourth class counties).

Section 56.293 - To defend elected county officials in certain suits (second, third and fourth class counties).

Section 56.300 - Prosecuting attorneys — duties, coroners' inquests (third and fourth class counties).

Section 56.305 - Judicial paroles — duties (third and fourth class counties).

Section 56.312 - Fee for collection of delinquent taxes and fees — deposit — purpose — unexpended balance to remain in fund.

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 56.363 - Full-time prosecutor, ballot — effective date — continuing education requirement, duty to provide to peace officers — may qualify for retirement benefits, when — election in Cedar County.

Section 56.380 - Not to accept fee or reward, except salary, courts of criminal jurisdiction (cities of 700,000 or more) — penalty.

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 56.445 - Circuit attorney and assistants to devote full time to office — special assistants may engage in civil practice (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 56.460 - Circuit attorney of St. Louis City, duty on felony and misdemeanor complaints — office hours.

Section 56.470 - Arrests for felony or misdemeanor to be reported to circuit attorney, when — penalty for failure (St. Louis City).

Section 56.510 - Circuit attorney, duties, coroners' inquests.

Section 56.530 - Circuit attorney, contingent fund.

Section 56.540 - Circuit attorney — assistants, investigators, clerical employees, duties — oath — compensation.

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 56.650 - Counselor to advise county commission — employees of counselor, how paid, tenure — assistant counselor, compensation, how set.

Section 56.660 - Special county counselors — employment — compensation — qualifications.

Section 56.670 - Certain counties may contract with a private attorney to furnish nonprosecutorial legal service.

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 56.760 - Prosecutors coordinators training council created — officers, qualifications, terms, meetings, expenses — executive director, appointment, compensation, powers, removal from office.

Section 56.765 - Funding — surcharge to be collected in criminal and infraction cases, exceptions — registration fees — funds created — audit — use of fund.

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 56.805 - Definitions.

Section 56.807 - Local payments, amounts — prosecuting attorneys and circuit attorneys' retirement system fund created — surcharges — donations may be accepted — member contribution to fund, amount.

Section 56.809 - Board established, trustees, terms, selection of — actuaries, advisors, counsel — audits — tables, rates, records — hearings, appeal — surety bonds — rules — powers of trustees — delegation of authority to advisors — records.

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 56.827 - Duration of benefits, exception — election to reduce benefits, spousal benefits allowed, when.

Section 56.830 - Death benefits, amount — surviving spouse entitled to benefits, when.

Section 56.833 - Deferred benefits allowed, when — forfeiture of creditable service, when, restoration of service, how — illness or injury, counts as service.

Section 56.840 - Benefits to retired employees, initial payments, when — creditable service, how accrued, certain counties — benefits as part-time prosecutor, when.