CHAPTER 42. STATE PROSECUTING ATTORNEY

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE C. PROSECUTING ATTORNEYS

CHAPTER 42. STATE PROSECUTING ATTORNEY

Sec. 42.001. OFFICE; QUALIFICATIONS. (a) The court of criminal

appeals shall appoint a state prosecuting attorney to represent

the state in all proceedings before the court. The state

prosecuting attorney may also represent the state in any stage of

a criminal case before a state court of appeals if he considers

it necessary for the interest of the state.

(b) A person appointed to the office of state prosecuting

attorney must have at least five years' experience as an attorney

in the practice of criminal law in this state.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 42.002. OATH; TERM. (a) The state prosecuting attorney

must take the oath required of state officials.

(b) The state prosecuting attorney serves a two-year term and

continues to serve until a successor is appointed and has

qualified.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 42.003. ASSISTANT STATE PROSECUTING ATTORNEYS. The state

prosecuting attorney may appoint one or more assistant state

prosecuting attorneys. An assistant state prosecuting attorney

has the same duties and serves the same term of office as the

state prosecuting attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 42.004. REMOVAL. The court of criminal appeals may remove

state prosecuting attorneys from office for good cause.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 42.005. COOPERATION WITH OTHER PROSECUTING ATTORNEYS. (a)

The state prosecuting attorney may assist a district or a county

attorney in representing the state before a court of appeals if

requested to do so by the district or county attorney.

(b) A district or county attorney may assist the state

prosecuting attorney in representing the state before the court

of criminal appeals.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.