1. (1) The county attorney is a county officer as described in Chapter 66, County Officers and Officials Generally.

2. (2)

   1. (a) If the boundaries of a prosecution district are located entirely within one county, the district attorney of the prosecution district is an elected county officer of that county.
   2. (b) If the boundaries of a prosecution district include more than one county, the interlocal agreement that creates that prosecution district in accordance with Section 17-68-305 may designate the district attorney as an elected officer in one or more of the counties in which the prosecution district is located.

3. (3) The district attorney:

   1. (a) is a full-time employee of the prosecution district; and
   2. (b) may not engage in the private practice of law.

4. (4) A county attorney may:

   1. (a) serve as a part-time employee; and
   2. (b) engage in the private practice of law, subject to Section 17-68-306 and the Rules of Professional Conduct.

Renumbered and Amended by Chapter 13, 2025 Special Session 1