Arkansas Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

How to fill out Order Appointing Special Prosecutor?

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FAQ

A special prosecutor is a prosecutor who is independent of an office that would normally exercise jurisdiction in a criminal investigation?to avoid potential conflicts of interest or to facilitate subject matter area expertise.

Code § 30-5-2-7. "Power of attorney" means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term "power of attorney" is used.

Arkansas's 28 elected local prosecuting attorneys have the authority to pursue and file criminal charges. More information on prosecutors is at arkpa.org.

"I do solemnly swear or affirm that: I will support the Constitution of the United States and the Constitution of the State of Indiana; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any action, proceeding, or defense which shall appear to me to be unjust, but ...

At the arraignment, you will be asked to enter a plea of guilty, no contest or not guilty. If you enter a not guilty plea, the matter will be set for trial on a future court date. The judge will not allow any testimony or statements regarding the facts of the case at this time.

The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest."

A senior prosecuting attorney may be appointed to serve as a special prosecutor in a county in which the senior prosecuting attorney previously served if the court finds that the appointment would not create the appearance of impropriety.

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Arkansas Order Appointing Special Prosecutor