331.754  Absence of county attorney and assistants.

1.  In case of absence, sickness, or disability of the county attorney and the assistant county attorneys, the court before which it is the duty of the county attorney or the assistant county attorneys to appear and in which there is official business requiring the attention of the county attorney or an assistant county attorney, may appoint an attorney to act as county attorney by an order of the court. The board may appoint an acting county attorney to provide legal assistance related to the official business of any county officer or employee during the absence, sickness, or disability of the county attorney and the assistant county attorneys. The acting county attorney has the same authority and is subject to the same responsibilities as a county attorney.

2.  The acting county attorney shall receive a reasonable compensation as determined by the board for services rendered in proceedings before a judicial magistrate or rendered on behalf of a county officer or employee. If the proceedings are held before a district associate judge or a district judge, the judge shall determine a reasonable compensation for the acting county attorney. If the proceedings are held before an associate juvenile judge or a judicial hospitalization referee, the acting county attorney shall be compensated at a rate approved by the judge who appointed the associate juvenile judge or referee. The compensation shall be paid from funds to be appropriated to the office of county attorney by the board.

Section History: Early form

  [C97, § 304; C24, § 13675; C27, 31, 35, § 5180-a1; C39, § 5180.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 336.3; S81, § 331.754; 81 Acts, ch 117, § 754]

Section History: Recent form

  88 Acts, ch 1066, § 1; 92 Acts, ch 1124, § 3

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