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Committee unanimously backs bill clarifying succession for vacant district attorney offices
Summary
House Bill 1423 would specify that a county's first assistant district attorney fills a vacancy for the remainder of the unexpired term and would bar home-rule counties from making rules about filling DA vacancies; the committee reported the bill unanimously.
Representative Pugh told the House Judiciary Committee House Bill 1423 clarifies how district attorney vacancies are filled when the office becomes vacant.
“HB 1423 will provide clarity on how the office of the district attorney is filled when there is a vacancy,” Representative Pugh said, describing a 2021 statute intended to create a uniform succession in second- through eighth-class counties and uneven local interpretations that led to legal disputes in at least one home-rule county.
Counsel told the committee the bill amends Title 53 to specify that the first assistant fills the vacancy for the remainder of the unexpired term and prohibits home-rule counties from enacting laws governing the office of district attorney or filling its vacancies. Counsel said the bill takes effect immediately.
Representative Raab asked about the rationale for the home-rule limitation given existing statutes; Representative Pugh and counsel said differing local interpretations of the 2021 law prompted the change to ensure uniform statewide practice. The committee recorded no negative votes and reported the bill to the floor unanimously.
