Idaho State Statutes - Idaho Attorney Directory

(a) When the prosecuting
attorney for the county is absent from the court, or when he has acted as
counsel or attorney for a party accused in relation to the matter of which the
accused stands charged, and for which he is to be tried on a criminal charge,
or when he is near of kin to the party to be tried on a criminal charge, or
when he has a business connection or kinship with the complainant or
defendant, or when he is unable to attend to his duties, the district court
may, upon petition of the prosecuting attorney or board of county
commissioners, by an order entered in its minutes, stating the cause therefor,
appoint some suitable person to perform for the time being, or for the trial
of such accused person, the duties of such prosecuting attorney, and the
person so appointed has all the powers of the prosecuting attorney, while so
acting as such.
(b) The prosecuting attorney may petition the district judge of his
county for the appointment of a special assistant attorney-general to assist
in the prosecution of any criminal case pending in the county; and if it
appears to the district judge to whom such petition is addressed that good
cause appears for granting such petition, the district judge, may, with the
approval of the attorney-general, appoint an assistant attorney-general to
assist in such prosecution. The compensation of the person so appointed shall
be fixed by agreement between the district judge and the attorney-general and
shall be paid by the attorney-general out of appropriations made available for
the conduct of his office.

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