Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-08-13
OFFICERS WHO NEGLECT DUTIES
ARE SUBJECT TO ARREST.
DUTIES OF THE COUNTY ATTORNEY
Discussion by w. H. KiIIpack of Coun-
Gil Bluffs - Holds That County At
torney is Prosecutor Only, Not Com
plainant and Witness.

n perhaps, LnaaI peace OfnCer, VINO
sees a violation of the law or who
becomes cognizant of it and does not
take the necessary and prescribed ac-
ton to prevent or to stop that viola
ton is himself liable to arrest and
fine and even removal from Office for
his negligence. This matter is
Z brought out clearly in discussion Of
the duties of the county attorney as
to the inauguration of criminal prose-
BUTTONS in a paper of w. H. Killpack
of Council Bluffs, at the last annual
convention OF the county attorneys of
q the state held recently at Des Moines.
The views of Mr.. Killpack upon the
county attorneys duties, although at
variance with the popular conception,
are endorsed by most lawyers The
paper is as follows:
Attorney kilIpack's Paper.
The question has sometimes arisen
as to the duty of county attorney
to become a public prosecutor in
S criminal cases in sense other than
that of representing the state as an
Z attorney in such cases. Owing to the
difference of opinion on that subject
and the prevailing opinion among the
Il laity that upon the county attorney
rests the responsibility of seeing that
the criminal laws are enforced in
GLIDING the filing of informations,
discussion of some phases of the
question may not be Improbable.
There is nothing in the constitu-
tional provision creating the office of
county attorney or in the statutory en-
actment providing for his election
that makes even the slightest refer
ence to his duties. Some of the stat
utes bearing either directly or indi-
Iectly upon the question are as fol
lows:
Code Section 301-'The county at
torney shall appear for the state and
county in all cases and proceedings
In the courts of his county to which
the state or county is party and in
the supreme court in all cases in
which the county is party = but
in criminal cases less than felony
ia pentitentiary offense) pending else
where than in the district court, it
shall not be his duty to appear if
otherwise engaged in the perform
ance of his official duties. He shall
promptly notify the attorney general
of every case appealed from his
county to the supreme court, and at
least thirty days prior to the term
at which the case is to be heard, pre-.
pare and deliver to him properly
prepared abstract or amended abstract
of the case
1--WE take it for granted that it will
pass without dispute that this statute
means that he shall appear as an
attorney and not in any other ca
pacity.
aCode Section 302-'He shall with
out compensation give opinions and
advice to the board of supervisors and
other county officers when requested
to do so by such board or officer upon
all matters in which the state OF
county is interested or relating tc
the duty of the board or officer in
which the state or county may have
an interest
"Section 304 provides for the ap
pointment by the court of a substitute
In the absence or disability of the
county attorney when there is bust
ness before the court to which the
county attorney should attend.
.Code Section 307.-'The county at
torney shall, when required by the
grand jury, attend it for the purpose
Of examining witnesses before 1t, OF
of giving legal advice, or to procure
subpoenaS or other process for wit
nesses, or to lay before it bills o.
Indictment, but ''he shall not be pres
ent when an Indictment is considered
or found -
s'All these provisions seem to indi
cate plainly that he is to act strict!
as counselor-as an attorney at Law
mot as partisan or party in the
case"
"Code section 317 among others ha
enumerated the following as duties o
attorneys and counselors at law:
"To maintain the respect due to thu
courts of justice and judicial officers
'.That provision is scrupulously oh
served by all attorneys in good stand
ing. yet it has no more binding fore,
in the law than those which follow
"To counsel or maintain no othe
actions, proceedings or defense thai
those which appear to him legal ant
just, except the defense of person
charged with a public offense.
ITO employ for the purpose of main
tanning the causes confided to hin
such means only as are consisten
with truth and never to seek to mis-
lead the judges by any artifice or falls
statement of fact or law.
"To abstain from all offensive pei
sonalities and to advance no fact pre-
judicial to the honor or reputation of