10-3-928.  Attorney duties — Deputy public prosecutor.
     In cities with a city attorney, the city attorney:

(1)  may prosecute violations of city ordinances;

Terms Used In Utah Code 10-3-928

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    • (2)  may prosecute, under state law, infractions and misdemeanors occurring within the boundaries of the municipality;

    (3)  has the same powers in respect to violations as are exercised by a county attorney or district attorney, except that a city attorney’s authority to grant immunity shall be limited to:

    (a)  granting transactional immunity for violations of city ordinances; and

    (b)  granting transactional immunity under state law for infractions and misdemeanors occurring within the boundaries of the municipality;

    (4)  shall represent the interests of the state or the municipality in the appeal of any matter prosecuted in any trial court by the city attorney;

    (5)  may cooperate with the Office of the Attorney General during investigations; and

    (6)  may designate a city attorney from another municipality or a public prosecutor to prosecute a matter, in the court having jurisdiction over the matter, if the city attorney has a conflict of interest regarding the matter being prosecuted.

    Amended by Chapter 24, 2018 General Session

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