Hilderbrand v. Padget

ROONEY, Chief Justice.

This case arises from the refusal of the county and prosecuting attorney, appellant herein, to obey a district court order directing him to prosecute a former undercover agent for perjury. The appeal is from a finding by the district court that the prosecutor was in contempt of court for such refusal.

We reverse.

Between September, 1982, and April, 1983, the Campbell County Sheriffs Office employed a narcotics informant named Dennis Sharkey. During part of this period, Mr. Sharkey worked as an undercover contact, introducing deputies to controlled substance dealers. As a…