ORS 8.660
Attending court and prosecuting offenses


(1)

The district attorney shall attend the terms of all courts having jurisdiction of public offenses within the district attorney’s county, and, except as otherwise provided in this section, conduct, on behalf of the state, all prosecutions for such offenses therein.

(2)

A district attorney shall not conduct prosecutions under this section when:

(a)

A city attorney is prosecuting a violation under ORS chapter 153; or

(b)

The district attorney is prohibited from appearing in a violation proceeding under the provisions of ORS 153.076 (Conduct of trial). [Amended by 1975 c.451 §170; 1981 c.626 §1; 1981 c.692 §6a; 1999 c.1051 §116]

Notes of Decisions

Where city attorney in home-rule city chooses to prosecute certain violations, district attorney of district where city is located may not prosecute those violations. When read with ORS 221.339, authority of city attorney for prosecution of certain violations is equivalent to that of district attorney. Clatsop County District Attorney v. City of Astoria, 266 Or App 769, 340 P3d 71 (2014)


Source
Last accessed
May. 15, 2020