SB 1256 - The act revises the retirement provisions to provide for Prosecuting or Circuit Attorneys in counties that elect to become part of the District Attorney system created by this act.

This act establishes a District Attorney System. District attorneys shall be elected during the 2006 general election in each judicial circuit for counties that elect to be part of the system, and serve for four year terms. The District Attorney must be a resident of the judicial circuit for one year before being elected. The District Attorney of each circuit shall receive the same annual salary as the circuit judge.

District attorneys shall prosecute all criminal actions for the circuits in which they serve. They may appoint assistants, investigators, and clerical staff, as deemed necessary to fulfill the duties of the office.

The act contains a schedule for reimbursement by the state for the budget of offices in the District Attorney system, ranging from 5 percent in 2007 to 50 percent in 2016 for circuits consisting of one county, and from 10 percent in 2007 to 50 percent in 2011 for circuits consisting of more than one participating county. In circuits where more than one county contributed to the expenses, each county shall be reimbursed in the same proportion as the contribution.

This act requires the District Attorney to be employed full-time with the office and cannot engage in the practice of law elsewhere. The act specifies a procedure for counties without a charter form of government to join the system. In such counties, the county commission must adopt by majority vote a resolution to join the system. In counties with a charter form of government, the governing body must adopt by charter amendment a provision to join the system and eliminate the office of prosecuting attorney.

This act is similar to SB 1193 (2002).
SUSAN HENDERSON