State v. Robertson

I concur in the result of the majority opinion but disagree with some of the reasoning and overly broad language set forth therein. I base my concurrence upon the reasoning set forth in the opinion of the court of appeals in this case. That reasoning was sue-einctly set forth in its conclusion where it stated:

While the statute allows persons other than public prosecutors to bring criminal actions in the name of the state, the concept of “primary” responsibility required by our state’s constitution does not mean “exclusive” responsibility. Accordingly, city attorneys can have some…