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Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided February 18, 2003Published

1Opinion of the Court

The Honorable Michael J. Malone District Judge, Douglas County District Court 111 E. 11th Street Lawrence, Kansas 66044-2966

Dear Judge Malone:

You inquire regarding the appointment and compensation of a court-appointed special prosecutor in situations where a district attorney's office is ethically disqualified from prosecuting due to potential conflict of interest concerns.

K.S.A. 19-711 authorizes a court to "appoint an attorney to act as county attorney" in the event of the "disability" of the county attorney and his or her deputies. Disability includes disqualification because of attorney…

2Cases cited8 opinions

  1. State v. BakerSupreme Court of Kansas · 1991
  2. State v. DimaplasSupreme Court of Kansas · 1999
  3. State v. RollinsSupreme Court of Kansas · 1998
  4. State v. CopeCourt of Appeals of Kansas · 2002
  5. State v. HeckCourt of Appeals of Kansas · 1983

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