1997 Minnesota Statutes

     211B.16 County attorney inquiry; associate counsel. 

    Subdivision 1.    County attorney inquiry.  A county 
 attorney who is notified of an alleged violation of this chapter 
 shall promptly investigate.  If there is probable cause for 
 instituting a prosecution, the county attorney shall proceed by 
 complaint or present the charge, with whatever evidence has been 
 found, to the grand jury.  A county attorney who refuses or 
 intentionally fails to faithfully perform this or any other duty 
 imposed by this chapter is guilty of a misdemeanor and upon 
 conviction forfeits the office.  The county attorney, under the 
 penalty of forfeiture of office, shall prosecute all violations 
 of this chapter except violations of this section.  If, however, 
 a complainant withdraws an allegation under this chapter, the 
 county attorney is not required to proceed with prosecution.  

    Subd. 2.    Associate counsel.  Anyone except the person 
 under investigation or the person's agent may employ an attorney 
 to assist the county attorney in the investigation and 
 prosecution of a violation of this chapter.  The county attorney 
 and the court shall recognize the attorney as associate counsel 
 for the proceeding.  A prosecution, action, or proceeding must 
 not be dismissed without notice to the associate counsel.  If 
 the associate counsel objects to the dismissal, the county 
 attorney's reasons for dismissal and the associate counsel's 
 objections must be filed with the court and heard within the 
 time period the court requires.  

    HIST: 1988 c 578 art 3 s 16