Powers, Duties, and Prohibitions

Utah Code tit. 17, ch. 17-68, pt. 17-68-P3

in effect

Utah Code § 17-68-301 County and district attorney duties, powers, and functions -- Legislative functions.

17-68-301. County and district attorney duties, powers, and functions -- Legislative functions. (1) The duties, functions, and responsibilities of a county attorney or district attorney, acting as a public prosecutor or as civil counsel, are as provided in this chapter. (2) The attorney: (a) may review a state statute; (b) shall review each county ordinance; (c) shall call to the attention of the state Legislature or the county legislative body any defect in the operation of the law; and (d) shall suggest and assist the Legislature or county legislative body in presenting an amendment to correct a defect described in Subsection (2)(c). (3) The attorney shall perform each duty and responsibility of public prosecutor and civil counsel as provided by statute or ordinance. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-68-302 County attorney powers and functions.

17-68-302. County attorney powers and functions. (1) Except within a county that is located in a prosecution district, the county attorney: (a) is a public prosecutor for the county; and (b) shall perform each public prosecutor and civil counsel duty in accordance with this chapter or as otherwise required by law. (2) In a county that is located within a prosecution district, the county attorney: (a) is the civil counsel for the county; and (b) shall perform each civil counsel duty in the county or prosecution district in accordance with this chapter or as otherwise required by law. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-68-303 District attorney powers and functions.

17-68-303. District attorney powers and functions. In a county that is located within a prosecution district, the district attorney: (1) is a public prosecutor for the county; and (2) shall perform each public prosecutor duty in accordance with this chapter or as otherwise required by law. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-68-304 Assistance to the attorney general.

17-68-304. Assistance to the attorney general. (1) (a) The attorney shall appear and assist the attorney general in criminal and civil legal matters involving the state if: (i) except as provided in Subsection (1)(b), the attorney general requests assistance; or (ii) the attorney is required by law to provide assistance. (b) The attorney is not required to provide, if requested, the attorney general assistance if the attorney's assistance would: (i) interfere with the attorney's duties and responsibilities to the county; or (ii) create a conflict of interest. (c) The attorney shall cooperate with the attorney general in an investigation. (2) The attorney general shall assist the attorney with a criminal prosecution if a court: (a) finds that the attorney is unable to satisfactorily and adequately perform the duties of prosecuting a criminal case; and (b) recommends that the attorney seek additional legal assistance. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-68-305 Deputy attorneys.

17-68-305. Deputy attorneys. (1) The attorney may employ a deputy attorney to perform the duties of public prosecutor or civil counsel. (2) (a) Subject to the approval of the county attorney, the district attorney may cross deputize a county deputy attorney as a deputy district attorney. (b) Subject to the approval of the district attorney, the county attorney may cross deputize a deputy district attorney as a deputy county attorney. (3) The county attorney may specially deputize, for a limited time or limited purpose, an attorney licensed to practice law in the state and in good standing with the Utah State Bar as a deputy to assist in any public prosecutor or civil counsel duties specified in the special deputization. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-68-306 Prohibited acts.

17-68-306. Prohibited acts. (1) Within the state, the attorney may not consult with or otherwise represent a person charged with a crime, misdemeanor, or breach of a criminal statute or ordinance. (2) A public prosecutor may not prosecute or dismiss in the name of the state a case in which the public prosecutor has previously acted as legal counsel for the accused. (3) A public prosecutor may not after the filing of an indictment or information and without the consent of the court: (a) compromise a prosecution; or (b) enter a plea of nolle prosequi. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter68/17-68-P3.html?v=C17-68-P3_2025110620251206Fetched: 10/26/2026