The cases in this area do not address the precise question of whether an agency may only hire private counsel for the purpose described above if the legislature authorizes it to do so. But we believe that this conclusion follows from the discussion and approach taken therein. The Legislature cannot devolve them upon others. Nor can it interfere with the right to exercise them . . . It may provide assistance for the proper discharge by these officials of their duties, but since in the matter of prosecuting the pleas of the State in the courts the powers reposed in them are exclusive in their nature, it cannot, for the performance of that function, obtrude other persons upon them and compel the acceptance of their services.
Wherever provision is made for the services of other persons .
The provisions of Art. Those cases merely hold that a defendant's constitutional right to due process is not denied if a private attorney is permitted to participate in a criminal prosecution as long as the district attorney retains control and management of the prosecution. They imply nothing with regard to the circumstances under which private counsel may be retained. It has been suggested that section 12.105 of the Parks and Wildlife Code affords the required authority. The department may file a complaint and commence proceedings against an individual for violation of the laws relating to game, birds, and fish without the approval of the county attorney of the county in which the proceedings are brought.