Title 15, Chapter 18, Section 66
( 15-18-66)
(a) The duties of the solicitors-general within their respective
counties are: (1) To attend each session of the state court when criminal cases
are to be heard unless excused by the judge thereof and to remain
until the business of the state is disposed of; (2) To administer the oaths required by law to the bailiffs or
other officers of the court and otherwise to aid the presiding
judge in organizing the court as may be necessary; (3) To file accusations on such criminal cases deemed prosecutable
and, subject to paragraph (10) of subsection (b) of this Code
section, to prosecute all accused offenses; (4) To attend before the appellate courts when any criminal case
in which the solicitor-general represents the state is heard, to
argue the same, and to perform any other duty therein which the
interest of the state may require; and (5) To perform such other duties as are or may be required by law
or which necessarily appertain to their office. (b) The authority of the solicitors-general shall include but is not
limited to the following: (1) To review and, if necessary, investigate all criminal cases
which may be prosecuted in state court; (2) When authorized by law, to represent the interests of the
state in all courts of inquiry within the county in any matter
wherein misdemeanor offenses are heard; (3) When authorized by the local governing authority, to be the
prosecuting attorney of any municipal court, recorders court, or
probate court; (4) When authorized by law, to prosecute or defend any civil
action in the state court in the prosecution or defense of which
the state is interested, unless otherwise specially provided for; (5) To reduce to judgment any fine, forfeiture, or restitution
imposed by the state court as part of a sentence in a criminal
case or forfeiture of a recognizance which is not paid in
accordance with the order of the court. The solicitor-general may
institute such civil or criminal action in the courts of this
state or of the United States or any of the several states, to
enforce said judgment against the property of the defendant; (6) To prosecute on behalf of the state any criminal action which
is removed from the state court to a United States district court
pursuant to Chapter 89 of Title 28 of the United States Code. The
expenses incurred by the solicitor-general as actual costs in the
prosecution of any such case shall be paid by the county; (7) To represent the state or any officer or agent of the county
in a superior court in any habeas corpus action arising out of any
criminal proceeding in the state court, except in those cases in
which the commissioner of public safety is named as a party; (8) At the request of any district attorney or solicitor-general,
to prosecute or assist in the prosecution of any criminal or civil
action and when acting in such capacity a solicitor-general shall
have the same authority and power as the requesting prosecutor; (9) To request and utilize the assistance of any
solicitor-general, assistant solicitor-general, district attorney,
assistant district attorney, or other attorney employed by an
agency of this state or its political subdivisions or authorities
in the prosecution of any criminal or civil action; (10) To enter a nolle prosequi on any accusation, citation, or
summons filed and pending or on any indictment pending in the
state court as provided by law. No accusation, citation, or
summons shall be considered filed unless such filing has been done
with the consent, direction, or approval of the solicitor-general.
Further, no notice of arraignment shall be given prior to such
filing without the solicitor-general's consent, direction, or
approval. Prior to the filing of an accusation, citation, or
summons, the solicitor-general shall have the same authority and
discretion as district attorneys over criminal cases within their
jurisdiction; (11) To request the magistrate to schedule within a reasonable
time a preliminary probable cause hearing in any pending
misdemeanor case prior to the filing of an accusation and to
represent the interests of the state at such hearing; and (12) To exercise such authority as may be permitted by law or
which necessarily appertains to their office. (c) The provisions of this Code section shall not be deemed to
restrict, limit, or diminish any authority or power granted to a
solicitor-general by local Act. |