Sec. 6. (a) Except as provided in section 7 of this chapter, a prosecuting attorney may elect to devote the prosecuting attorney’s full professional time to the duties of the office of prosecuting attorney by filing a written notice with the circuit court of the prosecuting attorney’s judicial circuit and the auditor of state. The election may be made annually during the prosecuting attorney’s term. However, the notice of election must be made before June 30 of the applicable year. An election is effective for each successive year of the term unless it is revoked before June 30 of the year during which the prosecuting attorney wants to change the prosecuting attorney’s status. However, only one (1) change in status may be made during the term. A revocation is made by the prosecuting attorney by filing a written notice with the circuit court of the prosecuting attorney’s judicial circuit and the auditor of state.

     (b) A prosecuting attorney who elects to be a full-time prosecuting attorney:

Terms Used In Indiana Code 33-39-6-6

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) shall devote the prosecuting attorney’s full professional time to the prosecuting attorney’s office; and

(2) may not engage in the private practice of law.

     (c) If a prosecuting attorney of a judicial circuit of the sixth through ninth class elects to become a full-time prosecuting attorney and the majority of the county council consents to the election, a copy of the consent must be filed with the notice of election to full-time status with the circuit court of the prosecuting attorney’s judicial circuit and with the auditor of state.

[Pre-2004 Recodification Citation: 33-14-7-19.5.]

As added by P.L.98-2004, SEC.18.

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