§ 16-21-113 - Deputies. - Arkansas Statutes

16-21-113. Deputies.

(a) (1) The prosecuting attorneys of the several judicial districts of this state may appoint one (1) deputy in each of the several counties composing their districts. In counties having two (2) judicial districts, a deputy may be appointed for each district.

(2) The appointment shall not take effect until approved, in writing, by the judge of the circuit court of the district. The approval shall be filed in the office of the clerk of the circuit court of the county for which such deputy is appointed.

(b) In judicial districts which contain a county which has two (2) levying courts or in those judicial districts where the prosecuting attorney and the circuit judge concur in the necessity therefor, the prosecuting attorney of the judicial districts may appoint one (1) or more deputies whose jurisdiction shall be the same as that of the prosecuting attorney.

(c) (1) The deputy prosecuting attorney provided for in this section shall have authority to file an information with any justice of the peace, municipal court judge, or the circuit court of his judicial district, in the name of the prosecutor charging any person with the commission of any offense against the laws of this state.

(2) Upon the filing of the information, it shall be the duty of such justice of the peace or municipal court judge, or the clerk of the circuit court, to issue a warrant for the arrest of the offender. In such a case, no bond for cost of prosecution shall be required.

(d) When any person shall have been arrested under a warrant issued in accordance with the provisions of this section, it shall be the duty of the deputy prosecuting attorney to attend and prosecute such charges on behalf of the state. He shall in a similar manner attend and prosecute on behalf of the state in any criminal case pending before any justice of the peace or municipal court judge or in the circuit court of his judicial district, when so requested by the justice of the peace, municipal court judge, or the prosecuting attorney of the judicial district.

(e) In the event of a conviction, he shall be allowed the same fees as provided by law for the prosecuting of misdemeanor cases. However, the deputy prosecuting attorney shall not be entitled to fees for the prosecution of felony cases.

(f) The deputy prosecuting attorney shall receive no fees or salary from the state for his services and may be removed at any time by the prosecuting attorney appointing him.

(g) The special deputy prosecuting attorney for the Eleventh Judicial District shall be available to provide services to any other judicial district in the state in which state penal facilities are located or in which state penal matters are involved, when called upon by the prosecutor of any such judicial district.