reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.087 - Dismissal of complaints, information, indictments, or counts by prosecuting or circuit attorneys without consent of the court — procedure.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 2006
56.087. Dismissal of complaints, information, indictments, or counts by prosecuting or circuit attorneys without consent of the court — procedure. —
1. The prosecuting or circuit attorney has the power, in his or her discretion, to dismiss a complaint, information, or indictment, or any count or counts thereof, and in order to exercise that power it is not necessary for the prosecutor or circuit attorney to obtain the consent of the court. The dismissal may be made orally by the prosecuting or circuit attorney in open court, or by a written statement of the dismissal signed by the prosecuting or circuit attorney and filed with the clerk of court.
2. A dismissal filed by the prosecuting or circuit attorney prior to the time double jeopardy has attached is without prejudice. A dismissal filed by the prosecuting or circuit attorney after double jeopardy has attached is with prejudice, unless the criminal defendant has consented to having the case dismissed without prejudice.
3. A dismissal without prejudice means that the prosecutor or circuit attorney has complete discretion to refile the case, as long as it is refiled within the time specified by the applicable statute of limitations. A dismissal with prejudice means that the prosecutor or circuit attorney cannot refile the case.
4. For the purposes of this section, double jeopardy attaches in a jury trial when the jury has been impaneled and sworn. It attaches in a court-tried case when the court begins to hear evidence.
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(L. 2006 H.B. 1858)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.090 - Must be present, when.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 02 Jan 1979, see footnote
56.090. Must be present, when. —
No judge shall allow the cases alluded to in sections 56.060 and 56.080 to be tried before him, unless the prosecuting attorney or someone properly qualified to prosecute for him is present. The judge, before trying these cases, shall give due notice to the prosecuting attorney.
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(RSMo 1939 § 12946, A. 1949 H.B. 2014, A.L. 1959 S.B. 67, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11320; 1919 § 740; 1909 § 1010
Effective 1-02-79
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.095 - Annual report required (second class and certain first class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1973
56.095. Annual report required (second class and certain first class counties). —
The prosecuting attorney in counties of the first class not having a charter form of government and in counties of the second class shall make an annual report in November of each year to the county commission, stating the number of misdemeanors and felonies occurring within such county, which have been prosecuted by him or his assistants the preceding year.
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(L. 1965 p. 150 § 7, A.L. 1973 H.B. 670)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.110 - If interested in case, court to appoint substitute.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 2014
56.110. If interested in case, court to appoint substitute. —
If the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his or her office, or shall be related to the defendant in any criminal prosecution, either by blood or by marriage, the court having criminal jurisdiction may appoint some other attorney to prosecute or defend the cause. Such special prosecutor shall not otherwise represent a party other than the state of Missouri in any criminal case or proceeding in that circuit for the duration of that appointment and shall be considered an appointed prosecutor for purposes of section 56.360.
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(RSMo 1939 § 12948, A.L. 2014 S.B. 621)
Prior revisions: 1929 § 11322; 1919 § 742; 1909 § 1012
(1976) An unchallenged verified application to disqualify a prosecuting attorney is merely a prima facie showing and does not require the court to appoint another prosecutor. State v. Burton (A.), 544 S.W.2d 60.
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.120 - When sick, court to appoint substitute.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 1939
56.120. When sick, court to appoint substitute. —
If he be sick or absent, such court shall appoint some person to discharge the duties of the office until the proper officer resumes the discharge of his duties.
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(RSMo 1939 § 12949)
Prior revisions: 1929 § 11323; 1919 § 743; 1909 § 1013
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.130 - Power of appointee.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 1959
56.130. Power of appointee. —
The person appointed shall possess the same power as the proper officer would if he was present and shall receive a reasonable fee for each case prosecuted to be fixed by the court and to be taxed and paid as other costs in criminal cases.
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(RSMo 1939 § 12950, A. 1949 H.B. 2014, A.L. 1959 S.B. 67)
Prior revisions: 1929 § 11324; 1919 § 744; 1909 § 1014
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.140 - Subject to fine, when.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1939
56.140. Subject to fine, when. —
If any prosecuting attorney shall fail to attend any term of the court having criminal jurisdiction in his county, held in pursuance of law, he shall be fined twenty-five dollars by the court, unless he show good cause to the contrary at the next succeeding term thereof.
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(RSMo 1939 § 12951)
Prior revisions: 1929 § 11325; 1919 § 745; 1909 § 1015
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.151 - Assistants, investigators, clerical help, how paid, tenure — assistant prosecutors, qualifications of (certain first class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 06 May 1999, see footnote
56.151. Assistants, investigators, clerical help, how paid, tenure — assistant prosecutors, qualifications of (certain first class counties). —
1. The prosecuting attorney of all counties of the first class not having a charter form of government may appoint such assistant prosecuting attorneys, and may employ such investigators and stenographic and clerical help as he deems necessary for the proper discharge of the duties of his office, and may set their compensation within the limits of the allocations made for that purpose by the county commission. The compensation for the assistant prosecuting attorneys, investigators and stenographic and clerical help shall be paid in equal installments out of the county treasury in the same manner as other county employees are paid.
2. The assistant prosecuting attorneys shall be subject to the same fines and penalties for neglect of duty or misdemeanor in office as the prosecuting attorney.
3. All assistant prosecuting attorneys, investigators, and stenographic and clerical help shall hold office at the pleasure of the prosecuting attorney.
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(L. 1973 H.B. 670, A.L. 1999 S.B. 275)
Effective 5-06-99
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.180 - Assistants — duties (first class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1945
56.180. Assistants — duties (first class counties). —
In all counties of class one in this state, the assistant prosecuting attorneys shall discharge such duties as may be required of them in criminal and civil causes and in courts having jurisdiction of same on behalf of the state or county; shall attend the grand jury of the county if required so to do by the prosecuting attorney; assist and advise said body; examine witnesses and preserve their testimony. The assistant prosecuting attorneys shall be and are hereby empowered to sign in their own name informations in criminal causes in all courts having jurisdiction in criminal causes.
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(RSMo 1939 § 12960, A.L. 1945 p. 579)
Prior revision: 1929 § 11334
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.190 - Stenographers — duties (first class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1945
56.190. Stenographers — duties (first class counties). —
In all counties of class one, the stenographers in the office of the prosecuting attorney shall, when so directed by the prosecuting attorney of such county, take down and transcribe for the use of the prosecuting attorney testimony and evidence before the grand jury of said county and before any court of said county exercising criminal jurisdiction or before the coroner of said county at any inquest held on any homicide or felony inquiry, and shall perform such other duties in the office of the prosecuting attorney as may be necessary. Before taking down any evidence before the grand jury such stenographers shall be sworn to keep secret any fact disclosed in said grand jury room, and shall not divulge any testimony which he or she may have heard there, except to the prosecuting attorney or when lawfully required to do so by a court of record having jurisdiction in said matter.
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(RSMo 1939 § 12979, A.L. 1945 p. 579 § 12961)
Prior revision: 1929 § 11353
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.200 - Assistants — qualifications, salaries (second class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1972
56.200. Assistants — qualifications, salaries (second class counties). —
The prosecuting attorney, in counties of the second class, shall be entitled to:
(1) Not more than four assistants when the assessed valuation of the county is less than two hundred fifty million dollars;
(2) Not more than eight assistants when the assessed valuation of the county is two hundred fifty million dollars or more. The assistants shall be appointed by the prosecuting attorney. They shall possess the same qualifications and be subject to the same fines and penalties for neglect of duty or misdemeanor in office as the prosecuting attorney. They shall be paid a salary in an amount as shall be fixed by the prosecuting attorney and approved by the commissioners of the county commission. The appointment, approval, and agreement as to the salary of each assistant shall be in writing, and filed by the prosecuting attorney with the county commission.
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(L. 1945 p. 572 § 3, A.L. 1959 S.B. 220, A.L. 1972 S.B. 557)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.210 - Assistants commissioned (second class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1945
56.210. Assistants commissioned (second class counties). —
When the prosecuting attorney, of any county of the second class, shall file with the county commission, the approval of the circuit judges of the county of the appointment of an assistant prosecuting attorney, as herein provided, it shall be the duty of the county commission to commission such assistant as other officers are commissioned by such commission.
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(L. 1945 p. 572 § 4)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.220 - Assistants — term of office — vacancy, how filled (second class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1945
56.220. Assistants — term of office — vacancy, how filled (second class counties). —
Such assistant prosecuting attorneys shall be commissioned for and hold their offices for the remainder of the term of the prosecuting attorney by whom they have been appointed, and in case of a vacancy by removal, death or resignation, the same shall be filled by appointment as herein provided.
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(L. 1945 p. 572 § 5)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.230 - Stenographic and clerical help (second class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1945
56.230. Stenographic and clerical help (second class counties). —
The prosecuting attorney, in counties of the second class, may employ such stenographic and clerical help, with the approval of the county commission, as may be necessary to the efficient operation of his office. The salary of any stenographer or clerk, so employed, shall be fixed by the prosecuting attorney, with the approval of the county commission.
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(L. 1945 p. 572 § 6)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.240 - Assistant prosecuting attorneys — qualifications — oath — duties — compensation (third class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1995
56.240. Assistant prosecuting attorneys — qualifications — oath — duties — compensation (third class counties). —
The prosecuting attorney in counties of the third class may appoint assistant prosecuting attorneys who shall be licensed attorneys in the state of Missouri and be subject to all the liabilities and penalties for failure or neglect to discharge the duty to which prosecuting attorneys are liable. The appointment of an assistant prosecuting attorney shall be made in writing and filed by the prosecuting attorney, and such assistant prosecuting attorney shall take and subscribe to the oath or affirmation of office required of prosecuting attorneys, which appointment and oath or affirmation of office shall be filed in the office of the clerk of the circuit court of the county. An assistant prosecuting attorney shall discharge the duties of the prosecuting attorney when the prosecuting attorney is sick or absent from the county, or when the prosecuting attorney is engaged in the discharge of the duties of his office so that he cannot attend. In counties of the third class an assistant prosecuting attorney shall assist the prosecuting attorney in any case when requested to do so by the prosecuting attorney, but the former shall be disqualified from defending in any criminal case. The compensation of an assistant prosecuting attorney in third class counties may be paid out of the county treasury an annual salary in an amount approved by the county commission.
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(L. 1945 p. 1535 § 4, A.L. 1947 V. I p. 489, A. 1949 H.B. 2014, A.L. 1961 p. 292, A.L. 1969 p. 108, A.L. 1974 H.B. 1381, A.L. 1990 S.B. 834, A.L. 1993 H.B. 562, A.L. 1995 H.B. 424)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.245 - Stenographic and clerical help, compensation (third and fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1979
56.245. Stenographic and clerical help, compensation (third and fourth class counties). —
The prosecuting attorney in counties of the third and fourth class may employ such stenographic and clerical help as may be necessary for the efficient operation of his office. The salary of any stenographer or clerk so employed shall be fixed by the prosecuting attorney with the approval of the county commission to be paid by the county.
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(L. 1961 p. 293 § 1, A.L. 1967 p. 132, A.L. 1979 H.B. 255)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.250 - Special counsel — compensation — qualifications (second, third, and fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1983
56.250. Special counsel — compensation — qualifications (second, third, and fourth class counties). —
The governing body of each second, third, and fourth class county
*
in this state may, in its discretion, employ special counsel or an attorney to represent such county or counties in prosecuting or defending any suit or suits by or against such county or counties, and may pay to such special counsel or attorney reasonable compensation for his services, such compensation to be fixed by the governing body of such county and paid out of such funds as the governing body may direct. Such counsel or attorney shall be a duly licensed attorney and at least twenty-five years of age.
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(RSMo 1939 § 12980, A.L. 1945 p. 571, A.L. 1983 S.B. 372)
Prior revisions: 1929 § 11354; 1919 § 773; 1909 § 1038
*Word "counties" appears in original rolls.
(1957) Where judges of county court retained counsel to defend them against contempt proceedings in circuit court arising out of their refusal to direct certain payments from county treasury, compensation of such counsel was not an obligation of the county. County of St. Francois v. Brookshire (Mo.), 302 S.W.2d 1.
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.291 - To prepare written brief for attorney general in appealed criminal cases (third and certain fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 01 Jan 1988, see footnote
56.291. To prepare written brief for attorney general in appealed criminal cases (third and certain fourth class counties). —
The prosecuting attorney in counties of the third and fourth class, in addition to his other duties provided by law, shall submit to the attorney general of the state of Missouri, a written brief summarizing the facts and law of the lower court proceedings had in all criminal cases appealed to the supreme court from the county of his jurisdiction. The provisions of this section shall not apply to counties of the fourth class having an assessed valuation of less than ten million dollars, unless approved by the county commission.
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(L. 1965 p. 165 § 1, A.L. 1987 S.B. 65, et al.)
Effective 1-01-88
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.293 - To defend elected county officials in certain suits (second, third and fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1979
56.293. To defend elected county officials in certain suits (second, third and fourth class counties). —
In addition to all other duties imposed upon the prosecuting attorney in counties of the second, third and fourth classes, if any elected county official be sued in connection with the performance of this office, under the provisions of Section 1983, Title 42, United States Code, the prosecuting attorney shall, if requested to do so by such elected county official, act as defense counsel or co-counsel for such elected official.
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(L. 1979 H.B. 255 § 1)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.300 - Prosecuting attorneys — duties, coroners' inquests (third and fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1957
56.300. Prosecuting attorneys — duties, coroners' inquests (third and fourth class counties). —
The prosecuting attorney in counties of the third and fourth class shall attend inquests by coroners in cases of death occurring by violence, and which may result in a charge of felony. The prosecuting attorney shall make an investigation concerning the death and cause to be brought before the coroner any witnesses he desires. He shall be permitted by the coroner to assist in the interrogation of witnesses for the full development of the circumstances leading up to and resulting in the death, and for his information concerning any possible criminal charge that may grow out of the death.
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(L. 1949 p. 231 § 1, A.L. 1957 p. 325)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.305 - Judicial paroles — duties (third and fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1957
56.305. Judicial paroles — duties (third and fourth class counties). —
The prosecuting attorney in counties of the third and fourth classes shall attend all hearings and applications for judicial paroles and investigate all applications for judicial paroles, make a complete investigation of all the facts and circumstances surrounding the applicant, his home life, family and business, make a report of his findings thereon to the circuit judge and make such recommendation as he deems necessary and advisable to the circuit judge.
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(L. 1953 p. 380 § 1, A.L. 1957 p. 325)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.312 - Fee for collection of delinquent taxes and fees — deposit — purpose — unexpended balance to remain in fund.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1986
56.312. Fee for collection of delinquent taxes and fees — deposit — purpose — unexpended balance to remain in fund. —
1. Notwithstanding the provisions of sections 50.525 to 50.745, the one-half of the tax collection fee which is designated for the use of the prosecuting or circuit attorney as provided in section 136.150 shall be deposited by the county treasurer into a separate interest-bearing fund to be expended at the direction of the prosecuting attorney as provided in this section. These funds shall not be budgeted by the governing body of the county or the City of St. Louis, and shall be expended only upon warrants executed by the circuit or prosecuting attorney, directing the treasurer to issue checks thereon.
2. The moneys deposited in the fund may be used by the prosecuting or circuit attorney for office supplies, postage, books, training, office equipment, capital outlay, expenses of trial and witness preparation, additional employees for the staff of the prosecuting or circuit attorney, salary supplements for existing employees on the staff of the prosecuting or circuit attorney.
3. No prior approval of the expenditures from this fund shall be required by the governing body of the county or the city of St. Louis, nor shall any prior audit or encumbrance of the fund be required before any expenditure is made by the prosecuting or circuit attorney from this fund. This fund may be audited by the state auditor's office or the appropriate auditing agency.
4. If the moneys collected and deposited into this fund are not totally expended annually, then the unexpended balance shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year.
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(L. 1986 S.B. 665)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.320 - Fees paid to county treasury (first class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1959
56.320. Fees paid to county treasury (first class counties). —
In all counties of class one the salary of the prosecuting attorney is in lieu of all fees for criminal cases, but the fees of the prosecuting attorney shall continue to be taxed as heretofore, and, when collected, shall be turned into the treasury of the county. All fees of the prosecuting attorney in criminal cases not paid by the state shall be collected by the clerk of the circuit court of the county and by him paid into the treasury of the county. When the fees are paid by the state, they shall be paid into the county treasury in the manner now provided by law.
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(RSMo 1939 § 13469, A.L. 1945 p. 1566, A.L. 1959 S.B. 67)
Prior revisions: 1929 § 11837; 1919 § 11045
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.330 - Fees set aside as contingent fund (first class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 1967
56.330. Fees set aside as contingent fund (first class counties). —
The treasurer of each county of class one shall set aside the prosecuting attorney's fees to be used as a contingent fund for the prosecuting attorney for the payment of the incidental expenses in bringing parties and witnesses from other states or countries and in properly preparing cases for trial, attending trial on changes of venue, attending at the taking of depositions, in printing briefs, and appearing before the appellate courts of the state, and generally the expenses he is put to in the proper and vigorous prosecution of the duties of his office. The fund shall be paid out as needed to the prosecuting attorney by the county treasurer, not exceeding twenty thousand dollars in any year, upon warrant of the prosecuting attorney approved and signed by a judge of the circuit court of said county. At the end of each year the county treasurer shall pay into the general revenue fund of the county any balance in his hands from fees, so collected, exceeding the sum of two thousand five hundred dollars.
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(RSMo 1939 § 13470, A.L. 1957 p. 344, A.L. 1959 S.B. 67, A.L. 1967 1st Ex. Sess. p. 870)
Prior revisions: 1929 § 11838; 1919 § 11046
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.340 - Fees — records — collection (second, third and fourth class counties).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1949
56.340. Fees — records — collection (second, third and fourth class counties). —
The prosecuting attorney, in counties of the second, third and fourth classes, shall charge upon behalf of the county every fee that accrues in his office and receive the same, and at the end of each month, pay over to the county treasury all moneys collected by him as fees, taking two receipts therefor, one of which he will immediately file with the clerk of the county commission, and shall at the same time make out an itemized and accurate list of all fees in his office which have been collected by him, and one of all fees due his office which have not been paid, giving the name of the person or persons paying or owing the same, and turn the same over to the county commission, stating that he has been unable, after the exercise of diligence, to collect the part unpaid, said report to be verified by affidavit, and it shall be the duty of the county commission to cause the fees unpaid to be collected by law, and to cause the same when collected to be turned over to the county treasury.
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(L. 1945 p. 1535 § 3, L. 1945 p. 1536 § 3, A. 1949 H.B. 2014)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.350 - Acceptance of fee for signing pardon application deemed bribery — penalty.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1939
56.350. Acceptance of fee for signing pardon application deemed bribery — penalty. —
Any prosecuting attorney or circuit attorney, or any assistant prosecuting attorney or any assistant circuit attorney, or anyone who has held either one of said offices, who shall accept of any fee, gratuity, present or reward for signing the petition or application for a pardon of any person that was convicted of a felony or a misdemeanor during his term of office, or who shall accept of any fee, gratuity, present or reward for using his influence towards the pardon of any such person, shall be deemed guilty of bribery, and shall, on conviction, be punished by imprisonment in the penitentiary for a term of not less than two years nor more than five years.
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(RSMo 1939 § 12983)
Prior revisions: 1929 § 11357; 1919 § 776; 1909 § 1041
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.360 - Employment in criminal cases prohibited — civil practice authorized.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 1959
56.360. Employment in criminal cases prohibited — civil practice authorized. —
It shall be unlawful for any prosecuting attorney or circuit attorney, or any assistant prosecuting attorney or any assistant circuit attorney, during the term of office for which he shall have been elected or appointed, to accept employment by any party other than the state of Missouri in any criminal case or proceeding; provided, that nothing in this section shall be deemed to preclude the officers specified in this section from engaging in the civil practice of law. Any violation of the provisions of this section shall be deemed a misdemeanor.
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(RSMo 1939 § 12927, A.L. 1959 H.B. 376)
Prior revisions: 1929 § 11302; 1919 § 722; 1909 § 993
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.380 - Not to accept fee or reward, except salary, courts of criminal jurisdiction (cities of 700,000 or more) — penalty.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 2021, 2 histories
56.380. Not to accept fee or reward, except salary, courts of criminal jurisdiction (cities of 700,000 or more) — penalty. —
It is unlawful for the circuit attorneys or the assistant circuit attorneys of the courts of this state having jurisdiction of criminals within cities in this state having a population of seven hundred thousand inhabitants or more to contract for, directly or indirectly, or to accept, receive or take any fee, reward, promise or undertaking, or gift or valuable thing of any kind whatsoever, except the salary of his or her office prescribed by law, for aiding, advising, promoting or procuring any indictment, true bill or legal process of any kind whatsoever against any person or party, or for aiding, promoting, counseling or procuring the detection, discovery, apprehension, prosecution or conviction of any person upon any charge whatsoever, or for aiding, advising or counseling of or concerning, or for procuring, promoting or effecting the discovery or recovery, by any means whatever, of any valuable thing which is secreted or detained from the possession of the owner or lawful custodian thereof. Any officer who is convicted of the violation of any of the provisions of this section shall be punished by imprisonment by the state department of corrections for not more than seven years and in addition shall forfeit his or her office.
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(RSMo 1939 § 12929, A.L. 1965 p. 166, A.L. 1986 H.B. 1554 Revision, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
Prior revisions: 1929 § 11304; 1919 § 724; 1909 § 995
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.410 - May be suspended upon indictment — governor to appoint successor.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1965
56.410. May be suspended upon indictment — governor to appoint successor. —
Any officer who is indicted for the violation of section 56.380, in the discretion of the court of which he is an officer, or of the judge thereof, by an order of record in the records of the court, may be suspended from the office to which he was elected or appointed and qualified, until the indictment is disposed of in favor of the officer, or until the officer is acquitted thereon by the verdict of a jury. The court making the order of suspension shall transmit forthwith, by mail, to the governor of the state of Missouri, a copy of the order, certified under the seal of the court by the clerk thereof. Immediately upon the receipt of the certified copy of the order of suspension, the governor shall appoint and commission a successor to the suspended officer. The successor shall possess the qualifications for the office prescribed by law, and, during the period of suspension, shall perform the duties and receive the salary prescribed for the office by law. He shall conduct the prosecution of the indictment upon which the suspension of his predecessor was made.
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(RSMo 1939 § 12932, A.L. 1965 p. 166)
Prior revisions: 1929 § 11307; 1919 § 727; 1909 § 998
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.420 - Restoration to office.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1965
56.420. Restoration to office. —
If the suspended officer is acquitted he shall be restored to the office from which he was suspended, by an order of record of the court by which the suspension was made, and the commission and authority of the successor of the suspended officer shall thereupon cease and determine.
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(RSMo 1939 § 12933, A.L. 1965 p. 166)
Prior revisions: 1929 § 11308; 1919 § 728; 1909 § 999
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.430 - Circuit attorney — election — qualifications (St. Louis City).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
• Effective - 28 Aug 1978
56.430. Circuit attorney — election — qualifications (St. Louis City). —
At the general election to be held in this state in the year 1948, and every four years thereafter, there shall be elected in the city of St. Louis one circuit attorney, who shall reside in said city, and shall possess the same qualifications and be subject to the same duties that are prescribed by this chapter for prosecuting attorneys throughout the state.
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(RSMo 1939 § 12906, A.L. 1945 p. 581, A. 1949 H.B. 2014, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 11281; 1919 § 701; 1909 § 975
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.445 - Circuit attorney and assistants to devote full time to office — special assistants may engage in civil practice (St. Louis City).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 02 Jan 1979, see footnote
56.445. Circuit attorney and assistants to devote full time to office — special assistants may engage in civil practice (St. Louis City). —
It shall be the duty of the circuit attorney of the City of St. Louis and of his assistants and associates to devote their entire time and energy to the discharge of their official duties; but the circuit attorney may in his discretion designate as many as seven of his assistants as provided for in section 56.540 as special assistant circuit attorneys and those special assistant circuit attorneys may be allowed to engage in the civil practice of law.
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(L. 1959 H.B. 376, A.L. 1967 p. 133, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.450 - Circuit attorney — duties (St. Louis City).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 02 Jan 1979, see footnote
56.450. Circuit attorney — duties (St. Louis City). —
The circuit attorney of the City of St. Louis shall manage and conduct all criminal cases, business and proceedings of which the circuit court of the city of St. Louis shall have jurisdiction. He shall appear for the state in all misdemeanor cases appealed from the circuit court of the City of St. Louis to the court of appeals.
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(RSMo 1939 § 2231, A. 1949 H.B. 2014, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2129; 1919 § 2632; 1909 § 4165
Effective 1-02-79
(1955) Prosecutor has the sole authority and discretion to elect to reduce the offense charged before trial. State ex rel. Dowd v. Nangle (Mo.), 276 S.W.2d 135.
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.453 - Circuit attorney, additional duties, how established.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 01 Jan 1988, see footnote
56.453. Circuit attorney, additional duties, how established. —
If the St. Louis board of aldermen enacts an ordinance in accordance with the applicable provisions of the St. Louis City charter, the circuit attorney for the City of St. Louis may perform the following duties in addition to all other duties imposed by law:
(1) Act as defense counsel or co-counsel for any elected county official of the city of St. Louis if that official is sued in connection with the performance of his office, under the provisions of Section 1983, Title 42, United States Code;
(2) Represent the sheriff of the City of St. Louis or the St. Louis metropolitan police department in writs of replevin filed for the return of property that is or has been used as evidence in any state criminal or traffic case;
(3) Represent petitioners in civil contempt proceedings when it is alleged that a respondent has violated a court order under chapter 455;
(4) Upon his own motion or on a motion of the court or on a motion of the public defender, initiate proceedings under section 600.100 to determine the present ability of any defendant to pay all or a portion of the costs of his representation.
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(L. 1981 S.B. 133, A.L. 1984 S.B. 601, A.L. 1987 S.B. 65, et al.)
Effective 1-01-88
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.455 - Circuit attorney to report on felons (St. Louis City).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 2021, 2 histories
56.455. Circuit attorney to report on felons (St. Louis City). —
In addition to his or her other duties, the circuit attorney of the City of St. Louis shall make a detailed report of all information in his or her possession pertaining to each person committed to the state penitentiary by the circuit court of the City of St. Louis to the director of the state department of corrections and to the state parole board. The report shall include such information as may be requested by such director or board and shall include a summary of such evidence as to the prior convictions of the convict, his or her mental condition, education and other personal background information which is available to the circuit attorney as well as the date of the crime for which the convict was sentenced, whether he or she was tried or pleaded guilty, and such facts as are available as to the aggravating or mitigating circumstances of the crime. The circuit attorney may include in the report his or her recommendation as to whether the convict should be kept in a maximum security institution. The report shall be transmitted within twenty days after the date of the conviction or at such other time as is prescribed by the director of the department of corrections or parole board.
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(L. 1955 p. 361 § 1, A.L. 1978 H.B. 1634, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.460 - Circuit attorney of St. Louis City, duty on felony and misdemeanor complaints — office hours.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 02 Jan 1979, see footnote
56.460. Circuit attorney of St. Louis City, duty on felony and misdemeanor complaints — office hours. —
It shall be the duty of the circuit attorney of the City of St. Louis, in person or by assistants, to hear complaints in felony and misdemeanor cases and to file information in such cases with the clerk of the circuit court of the City of St. Louis and to prosecute the same in said court; and it shall be the duty of the circuit attorney, or such assistants as he may designate, to attend at his office on each day of the week, except Sunday and national and state holidays, at all reasonable hours, for the purpose of preparing all complaints, affidavits and informations in such cases required by law to be lodged in said court.
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(RSMo 1939 § 2307, A. 1949 H.B. 2014, A.L. 1976 S.B. 658, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14699
Effective 1-02-79
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.470 - Arrests for felony or misdemeanor to be reported to circuit attorney, when — penalty for failure (St. Louis City).

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 02 Jan 1979, see footnote
56.470. Arrests for felony or misdemeanor to be reported to circuit attorney, when — penalty for failure (St. Louis City). —
1. It shall be the duty of the chief of police of the City of St. Louis, within twenty hours after the arrest by the police of any person for felony or misdemeanor under the laws of this state, to report to the circuit attorney the name of the person so arrested and the name of the prosecuting witness and of any other material witnesses known to the police, and said circuit attorney or his assistants shall thereupon proceed to institute such prosecution as is required by law if, in the judgment of such circuit attorney, the evidence presented to him is sufficient to justify a prosecution.
2. Any willful failure on the part of the chief of police, or other officer whose duty it shall be to act in the premises, to comply with the provisions of this section, shall be deemed a misdemeanor, and the offending party may be indicted and, upon conviction, punished by fine of not less than ten nor more than one hundred dollars, any law of this state or any ordinance of the City of St. Louis to the contrary notwithstanding.
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(RSMo 1939 § 2308, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14700
Effective 1-02-79
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.510 - Circuit attorney, duties, coroners' inquests.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 28 Aug 1959
56.510. Circuit attorney, duties, coroners' inquests. —
The circuit attorney of cities that have five hundred thousand inhabitants or more is required to attend inquests held by coroners in cases of death occurring by violence, and which may result in a charge of felony. The circuit attorney shall make an investigation concerning the death and cause to be brought before the coroner any witnesses he desires, and shall be permitted by the coroner to assist in the interrogation of witnesses for the full development of the circumstances leading up to and resulting in the death, and for his information concerning any possible criminal charge that may grow out of the same. For these services there shall be taxed as costs a fee in favor of the circuit attorney of ten dollars for each inquest, to be paid as other costs by the respective cities. Each coroner shall promptly notify the circuit attorney of his city of the time and place of inquisition concerning any death of the aforesaid characteristics.
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(RSMo 1939 § 12984, A.L. 1959 S.B. 67)
Prior revisions: 1929 § 11358; 1919 § 777
2023 Missouri Revised Statutes › Title VI - County, Township and Political Subdivision Government › Chapter 56 - Circuit and Prosecuting Attorneys and County Counselors › Section 56.530 - Circuit attorney, contingent fund.

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter 56
Effective - 02 Jan 1979, see footnote
56.530. Circuit attorney, contingent fund. —
The treasurer of said city shall set aside the circuit attorney's fees so turned into the treasury of said city to be used as a contingent fund for the circuit attorney for the payment of the incidental expenses in bringing parties and witnesses from other states or countries and in properly preparing causes for trial, attending trial on changes of venue, attending at the taking of depositions, in printing briefs, and appearing before the appellate courts of the state, and generally such expenses as he may be put to in the proper and vigorous prosecution of the duties of his office. Such fund shall be paid out as needed to the circuit attorney by the said city treasurer out of said funds in the treasury of said city not exceeding thirty-two thousand dollars in any year upon warrant of the circuit attorney. At the end of each year said treasurer shall pay into the general revenue fund of such city any balance that may be in his hands from fees so collected exceeding the sum of one thousand dollars.
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(RSMo 1939 § 12915, A.L. 1957 p. 340, A.L. 1961 p. 294, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11290; 1919 § 710; 1909 § 984
Effective 1-02-79