Request By:
Mr. Thomas S. Miller
Breathitt County Attorney
P.O. Box 743
Jackson, Kentucky 41339
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
As Breathitt County Attorney you have questions concerning the prosecutorial role of the county attorney.
Question No. 1:
"Which local official or officials have the specific responsibility for the actual preparation of criminal complaints, warrants of arrest, affidavits for search warrants and search warrants?"
The county attorney must attend the district court in his county and prosecute all violations of criminal and penal laws within the jurisdiction of that court. KRS 15.725. Inherent in such duty is the duty of preparing complaints, warrants of arrest, affidavits for search warrants and search warrants. See also KRS 15.715(4).
Question No. 2:
"What are the specific duties of the county attorney with regard to proceedings under KRS 202A.070? Is the county attorney required to participate in the initiation of these proceedings?"
Since the petition for a 60-day involuntary hospitalization must be filed in circuit court, the county attorney normally would have no duties under the statute. The exception would be where the helping of the commonwealth's attorney by the county attorney is necessary. KRS 15.725(3).
Question No. 3:
"Define the role of the county attorney in circuit court with regard to the activities of the grand jury?"
The county attorney should cooperate with the commonwealth's attorney, and vice versa, and they should assist each other where necessary. This would include the county attorney's helping the commonwealth's attorney with the grand jury when necessary, and considering the work load of the county attorney. KRS 15.725(3).