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5-28-108. Special deputy prosecutor.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-28-108. Special deputy prosecutor.
(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident.
(b)(1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705.
(2) The subpoena shall be substantially in the form set forth in § 25-16-705(b).
(c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney.
(d)(1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment.
(2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General.
(e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-28-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-28-108
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f5e1a06bb0b9591e487dea803297c1af5bf971e932c46e7689f8d4872ee8c4e5
Source location: content.xml paragraph 14371
Stored source content
5-28-108. Special deputy prosecutor.
(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident.
(b)(1) As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in § 25-16-705.
(2) The subpoena shall be substantially in the form set forth in § 25-16-705(b).
(c) A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney.
(d)(1) Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment.
(2) Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General.
(e) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-705. Subpoena power — Attendance of witnesses.
(a) In all litigation, including criminal matters, in which the interests of the State of Arkansas are involved or may become involved before any tribunal, board, or commission, the Attorney General shall have the right to subpoena any person or the books, records, or other documents being held by any person. He or she shall have the authority to administer oaths for the purpose of taking testimony of witnesses subpoenaed before him or her, which he or she may deem necessary to adequately present the state's case.
(b) The subpoena provided for in subsection (a) of this section shall be substantially in the following form:
“The State of Arkansas to the Sheriff of County: You are commanded to subpoena to attend before the Attorney General at on , 20 , at o'clock M., and testify and/or produce the following books, records, or other documents, to wit: in the matter of an investigation being conducted by the Attorney General in which the interests of the State of Arkansas are involved. WITNESS my hand this day of , 20 . Attorney General By: Assistant Attorney General”
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(c) The subpoena provided for in subsection (a) of this section shall be served in the manner provided by law and returned and a record made and kept by the Attorney General. The fees and mileage of officers serving the subpoena, and of witnesses in answer to the subpoena, shall be as provided by law.
(d)(1) The failure of any officer to serve such subpoena, and the failure of a witness to appear on the return date thereof, shall constitute a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), by imprisonment in the county jail not to exceed
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-705
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-16-705. This identifies an authority to review, not proof of applicability.