KRS 15.725: Duties of Commonwealth's attorney and county attorneys -- Agreements to

share or redistribute prosecutorial duties -- Circuit clerk's authority to issue

criminal warrants.

(1) The Commonwealth's attorney shall attend each Circuit Court held in his judi cial

circuit. He shall, except as provided in KRS 15.715 and KRS Chapter 131, have the

duty to prosecute all violations whether by adults or by juveniles subject to the

jurisdiction of the Circuit Court of the criminal and penal laws which are to be tried

in the Circuit Court in his judicial circuit. In addition, he shall have the primary

responsibility within his judicial circuit to present evidence to the grand jury

concerning such violations.

(2) The county attorney shall attend the District Court in his county and prosecute all

violations whether by adults or by juveniles subject to the jurisdiction of the regular

or juvenile session of the District Court of criminal and penal laws, except as

provided in KRS Chapter 131, within the jurisdiction of said District Court.

(3) The Commonwealth's attorney and county attorneys in a judicial circuit shall

cooperate in the enforcement of criminal and penal laws of the Commonwealth.

When necessary, the Commonwealth's attorney and county attorney shall assist each

other in prosecution within their respective courts. Each Commonwealth's attorney

and county attorney may enter into agreements to share or redistribute prosecutorial

duties in the Circuit and District Courts. Any prosecutorial or related duty assigned

by s tatute to the Commonwealth's attorney may be performed by the county

attorney, and any prosecutorial or related duty assigned by statute to the county

attorney may be performed by the Commonwealth's attorney pursuant to these

agreements. Copies of the agre ements shall when executed be forwarded to the

Attorney General, the chief judges of the Circuit and District Courts, and the chief

regional judges of the Circuit and District Courts.

(4) The Prosecutors Advisory Council shall in allocating resources betwe en the

Commonwealth's and county attorney take the agreements into account.

(5) In the event of the absence from a county of all District Judges and all Circuit

Judges and all trial commissioners, the circuit clerk in each county may issue

criminal warrant s prepared by the Commonwealth's attorney or county attorney,

who shall certify that there is no District Judge, Circuit Judge, or trial commissioner

within the county.