Amends TCA Title 8; Title 16 and Title 17.
If a district attorney general fails to attend court, or is disqualified from acting, or if there is a vacancy in the office, present law requires the court to appoint some other attorney to supply such district attorney general's place temporarily. This bill authorizes the attorney general and reporter to petition the court for appointment of a district attorney general pro tem if a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances. If the court finds that the district attorney general has refused to attend and prosecute according to law, this bill requires the court to appoint some other attorney as district attorney general pro tem in the district attorney general's place for the sole purpose of prosecuting persons accused of committing that offense. ON OCTOBER 29, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 9008, AS AMENDED. AMENDMENT #1 limits jurisdiction for consideration of petitions to appoint a district attorney general pro tem under this bill from any court to only the supreme court.
If a district attorney general fails to attend court, or is disqualified from acting, or if there is a vacancy in the office, present law requires the court to appoint some other attorney to supply such district attorney general's place temporarily. This bill authorizes the attorney general and reporter to petition the court for appointment of a district attorney general pro tem if a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances. If the court finds that the district attorney general has refused to attend and prosecute according to law, this bill requires the court to appoint some other attorney as district attorney general pro tem in the district attorney general's place for the sole purpose of prosecuting persons accused of committing that offense. ON OCTOBER 29, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 9008, AS AMENDED. AMENDMENT #1 limits jurisdiction for consideration of petitions to appoint a district attorney general pro tem under this bill from any court to only the supreme court.
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